Madras High CourtWP(MD)/2171/2024disposed of

Yosadha.Sp v. The Superintendent Of Police

2024-02-05Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.2171 of 2024 SP Yasodha ... Petitioner /vs./ 1.The Superintendent of Police, O/o. Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Economic Offences Wing, Thiruppathur, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to unseal the property in D.No.44, Subbulakshmi Illam, Mudiyarasan Salai, Karaikudi, Sivagangai District within the stipulated time as fixed by this Court by considering the petitioner's representation.

For Petitioner : Mr.R.Ilayaraja For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

The learned Counsel for the Petitioner submits that the Petitioner is a landlord and the building was leased out to Sivakumar s/o Angamuthu from 15.12.2018. The said Sivakumar had taken the property on lease as a residencecum-office. He was running a real estate business. The public had deposited in the company run by him in the name of the Mahilchi Real Promoters. The public had filed the complaint before Respondents, the Inspector of Police, Economic Offences Wing, Thiruppathur, Sivagangai District regarding the said tenant having cheated money of the public and had deposited in his real estate business. Therefore, a case was registered by Economic Offences Wing, Madurai, in Crime No. 8 of 2022. As a part of the investigation, the premises was locked by the Respondent. Therefore, he seeks writ of mandamus against the Respondents to remove the lock from the leased premises so that he can put it to use.

2. The learned Additional Public Prosecutor on instructions from the Respondent No.2 would submit that the property was locked apprehending that anyone can meddle with the records of the accused available in the premises. The 2/5

learned Additional Public Prosector on instructions from the 2nd Respondent would submit that after taking out inventory of all the properties in the locked premises, they will vacate the premises within a period of one month in connection with Crime No. 8 of 2022.

3. Considering the submissions made by the learned Additional Public Prosecutor on instruction of the Inspector of Police, Economic Offences Wing, Thiruppathur, Sivagangai District, the Respondents are directed to take steps to vacate the premises within a reasonable time after taking inventory as undertaken by them.

4. Accordingly, this Writ Petition is disposed of . No costs. 05.02.2024 Index : Yes / No Internet : Yes / No CM 3/5

TO:

1.The Superintendent of Police, O/o. Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Economic Offences Wing, Thiruppathur, Sivagangai District.

3.The Additional Public Prosecutor, Madurai Bench of Madra High Court, Madurai.

4/5

SATHI KUMAR SUKUMARA KURUP , J.

CM Order made in W.P.(MD) No.2171 of 2024 Dated:

05.02.2024 5/5