Basheer Ahamed v. The State Of Tamil Nadu Represented By,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.5269 of 2025 Basheer Ahamed ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

3. Mohamed Moideen @ Anes Moideen

4. Mohamed Ashiq

5. Mohamed Rizwan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the 1st and 2nd respondent to take criminal action against the respondent 3 to 5 and his associates and give a police protection to the petitioner and his wife regarding to remove the waste things in the petitioner home put up by 4th and 5th respondent based on petitioner's compliant dated 15.05.2024 and 03.08.2024 within the stipulated period as fixed by this Court. Page No. 1 of 4

For Petitioner : Mr.S.Balaji For R1 & R2 : Mr.R.M.Anbunmithi Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petition has been filed by the petitioner to direct the respondents no.1 and 2 to take criminal action against the respondents no. 3 to 5 based on the complaint given by petitioner dated 15.05.2024 and 03.08.2024 within the stipulated time fixed by this Court.

2. According to the petitioner, the respondents no.4 and 5 are his sons and 3rd respondent is the father-in-law of the 5th respondent. There is a dispute pending between the parties and thereby, the respondents no.3 to 5 have created problem to the petitioner's enjoyment of the property and made life threat to the petitioner. Therefore, he lodged a complaint dated 15.05.2024 and thereafter, again he sent a representation on 03.08.2024, but the same have not been considered. Hence, he has filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents 1 and 2 would submit that the complaint of the petitioner is under consideration and therefore, they will complete the Page No. 2 of 4

enquiry within fifteen days.

4. Considering the limited prayer sought for in the petition and the complaint of the petitioner is under enquiry by the respondent police, this Court even without issuing notice to the private respondents no.3 to 5 inclined to dispose the petition by directing the 1st respondent to enquiry the matter and dispose the same in accordance with law, after affording opportunities to both parties within fifteen [15] days from the date of this Order. Accordingly ordered.

5. With the above said direction, this Criminal Original petition is disposed of. No costs.

27.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 3 of 4

P.DHANABAL , J.

mac To 1.The Superintendent of Police, Thanjavur District.

2. The Inspector of Police, Thiruchitrambalam Police Station, Thanjavur District.

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

W.P(MD)No.5269 of 2025 27.02.2025 Page No. 4 of 4