Madras High CourtWP(MD)/2467/2021disposed of

Harija. A v. The Commissioner Of Police

2021-02-11Honourable Mrs Justice R. Tharani2 pages

WP(MD)No.2467 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. THARANI WP(MD)No.2467 of 2021 A.Hajira ... Petitioner Vs.

1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Srirangam, Trichy District.

3.The Inspector of Police, Thillainagar Police Station, Trichy.

4.Thangamani 5.Ramar 6.Rajasekar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the third respondent herein to consider the petitioner's representation dated 13.09.2020 and 24.09.2020 and take necessary action in accordance with law within the time stipulated by this Court.

For Petitioner :Mr.C.Jeganathan For Respondents 1 to 3 :Mr.S.Chandrasekar Additional Public Prosecutor Mr.C.Ramar for R5 & 6

O R D E R

By consent, this Writ Petition is taken for final hearing.

2. Mr.S.Chandrasekar, learned Additional Public Prosecutor accepts notice for the respondents 1 to 3.

3. On the side of the petitioner it is stated that the petitioner is the owner of the property from the year 1948 onwards. All of sudden, fifth and sixth respondents are trying to interfere in the peaceful possession of the petitioner by trespassing and demolishing the property and prayed his complaint to be considered by the third respondent.

4.The learned counsel for the fifth and sixth respondents state that the property belongs to the society and not to the petitioner.

5.On the side of the official respondents it is stated that the petition filed by the petitioner was registered and closed after conducting enquiry. Again, the petitioner has lodged a complaints on 13.09.2020 and 24.09.2020 and the respondents undertake to consider the same.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD)No.2467 of 2021 6.Recording the undertaking given by the respondents, this Writ Petition is disposed of with a direction to the petitioner and the respondents 5 and 6 to approach the civil forum to work out their remedy. With regard to the demolition of the building, the third respondent is directed to consider and dispose the petition filed by the petitioner in accordance with law within a period of two weeks from the date of receipt of a copy of this order. 7.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) rmk Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Srirangam, Trichy District.

3.The Inspector of Police, Thillainagar Police Station, Trichy.

Pattukkottai, Thanjavur District.

WP(MD)No.2467 of 2021 11.02.2021 NA(CO) KK(25.02.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2