S.Madasamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL S.Madasamy ... Petitioner Vs.

1. The Superintendent of Police Thoothukudi District

2. The Inspector of Police South Police Station Thoothukudi, Thoothukudi District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the second respondent to take action on the petitioner's complaint dated 21.01.2025 registered vide C.S.R.No.153 of 2025 under the criminal law in the light of the dictum laid down by the Honourable Supreme Court of India in the case of Lalita Kumari Vs.Government of Uttar Pradesh and Ors. reported in (2014) 2 SCC 1.

For Petitioner : Mr.R.Anand For Respondents : Mr. R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

The prayer sought for in the present writ petition is to direct the second respondent to take action on the petitioner's complaint dated 21.01.2025 registered vide C.S.R.No.153 of 2025 in accordance with law.

2. The learned counsel appearing for the petitioner would submit that the petitioner is running a hotel business in the name of Banu Brindhavan in a rented premises. While so, there is some misunderstanding between the share holders of the rented property and thereby one of the share holder filed a civil suit and the same is pending. In the meantime, one of the landlord damaged the electric pole in the hotel premises and in this regard First Information Report has been registered in Crime No.32 of 2025 as against Gandhimathinathan and his sons Rahul and Mahesh. While so, the petitioner requested the EB officials for restoration of connection and repair of damaged electric pole and he also paid the requisite fee to the officials. Whileso, when the petitioner along with the EB officials went to the place of occurrence to restore the electric police the said Gandhimathinathan and his sons 2/5

obstructed them from installing the electric pole. Therefore he lodged a complaint dated 21.01.2025 and the respondent police also assigned CSR No.153 of 2025, but no action was taken, hence he has filed the present petition.

3. The learned Government Advocate(Crl.Side) appearing for the respondents would submit that the petitioner is the lessee and there is a dispute between the owner of the property and the petitioner in respect of tenancy. Further civil case is also pending before the Civil Court. Already based on the complaint given by the petitioner First Information Report has been registered in Crime No. 32 of 2025 and the same is under investigation. While so, again the petitioner has lodged a complaint dated 21.01.2025 against Gandhimathinathan and others, for which CSR No.153 of 2025 assigned and the same is pending and they will complete the enquiry within a period of one week.

4. Heard both sides and perused the materials available on record.

5. Considering the limited scope of prayer sought for in the writ 3/5

petition and the second respondent also admitted that the petitioner had lodged compliant and CSR No. 153 of 2025 assigned and the same is under enquiry, this Court directs the second respondent to complete the enquiry in CSR No.153 of 2025 within a period of two weeks from the date of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

17.02.2025 NCC : Yes / No Index : Yes / No aav To

1. The Superintendent of Police Thoothukudi District

2. The Inspector of Police South Police Station Thoothukudi, Thoothukudi District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

P.DHANABAL, J.

aav 17.02.2025 5/5