Saravanan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP Saravanan ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kallal Police Station, Karaikudi T.K., Sivagangai District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the Respondents to conduct proper enquiry and to investigate the same and file a report in accordance with law on the basis of the Petitioner's representation dated 25.01.2024 within stipulated time frame fixed by this Court.

For Petitioner : Mr.G.D.Manikandan For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition for issuance of Writ of Mandamus, seeking direction against the Respondents to conduct proper enquiry and to investigate the same and file a report in accordance with law, based on the Petitioner's representation dated 25.01.2024.

2. The learned Additional Public Prosecutor on instructions of the Respondents would submit that the Petitioner and his friends had used two motor pump sets to drain water from Poi Kanmai within the local limits of Kallal Police Station, which is used by grazing cattle for their drinking purposes. The Petitioner herein along with his friends are alleged to have drained out the water to carry on fishing in that pond, without getting appropriate permission from the authorities concerned. Therefore, the Village Administrative Officer of Koothalur Group, Karaikudi Taluk, Sivagangai District, had given a complaint against the Petitioner herein and two other persons namely Ramasamy S/o Chinnakaruppan and Rajesh S/o.Servai. Based on the complaint of the Village Administrative Officer, the case had been registered against the Petitioner herein in Crime No.9 of 2024 dated 25.01.2024 2/5

for the offences punishable under Section 430 of IPC, on the file of Kallal Police Station. The Police officers had also seized two motor pump sets and retained in the Kallal Police Station. He would also further submit that based on the Petitioner's complaint dated 25.01.2024, CSR No.41 of 2024 was also issued on the same day itself.

3. Considering the submissions made by the learned Counsel for the Petitioner and the learned Additional Public Prosecutor, this Court directs the Respondent Police to conduct enquiry and pass appropriate orders in the aforementioned CSR.

4. With the above observations, this Writ Petition stands dismissed. No costs.

12.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr 3/5

To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Kallal Police Station, Karaikudi T.K., Sivagangai District.

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SATHI KUMAR SUKUMARA KURUP ,J.

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