Subramaniyan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.3000 of 2024 Subramaniyan ... Petitioner /vs./ 1.The Superintendent of Police, Thanjavur, 2.The Inspector of Police, Pappanadu Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd Respondent to take action on the Petitioner complaint dated 02.01.2024 in C.S.R.NO. 38/2024 on the file of the 2nd Respondent police under the criminal law by conducting an effective investigation as expeditiously as possible within a time stipulated by this Court. For Petitioner : Mr.R.Ponkarthikeyan 1/5

For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

The learned Counsel for the Petitioner submits that the Petitioner had filed a complaint dated 02.01.2024 before the second Respondent regarding the conduct of one Raja @ Appusamy, who had trespassed into the farm of the Petitioner and stolen coconuts from the farm. Based on the complaint of the Petitioner, the second Respondent had registered CSR.No.38 of 2024 against the private individuals. Therefore, the Petitioner had filed this Petition seeking writ of Mandamus against the Respondents 1 and 2 to take appropriate action. 2.The learned Additional Public Prosecutor, on instructions of the Respondents, would submit that there are rival claims between the Petitioner and two other groups in the village. Therefore, the second Respondent had sent a report to the Revenue Divisional Officer, Thanjavur. The Revenue Divisional Officer is seized of the matter. Pending the proceedings, the Petitioner herein had moved the Civil Court and now, the subject matter is pending before the Civil Court between the Petitioner herein and the private parties. 2/5

3.Recording the submission of the learned Additional Public Prosecutor, the Petitioner is directed to co-operate with the pending enquiry. The Respondents are directed to issue summons in the name of the Petitioner as well as the rival parties in the village from the Revenue Divisional Officer, Thanjavur. The Revenue Divisional Officer, Thanjavur can after holding enquiry pass appropriate orders.

With the above directions, this Writ Petition is disposed of. No costs. 13.02.2024 Index : Yes / No Internet : Yes / No mm TO:

1.The Superintendent of Police, Thanjavur, 2.The Inspector of Police, 3/5

Pappanadu Police Station, 4/5

SATHI KUMAR SUKUMARA KURUP , J.

mm Order made in W.P.(MD)No.3000 of 2024 Dated:

13.02.2024 5/5