Madras High CourtWP(MD)/5817/2025disposed of

N.Sobana v. The State Represented By The Commissioner Of Police,

2025-03-04Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL N.Sobana ... Petitioner Vs.

1.The State, Represented by, The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City, Tirunelveli.

3.Devi 4.Shankar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to instruct the second respondent to not to interfere with the civil dispute between the petitioner and the respondents 3 and 4 on the 1/5

basis of the petitioner's representation, dated 21.02.2025 and pass such further or other orders as this Court.

For Petitioner : Mr.R.Shankar Ganesh For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The present petition has been filed for issuance of Writ of Mandamus directing the first respondent to instruct the second respondent to not to interfere with the civil dispute between the petitioner and the respondents 3 and 4 on the basis of the petitioner's representation, dated 21.02.2025.

2. According to the petitioner, the petitioner is the owner of the property and already the respondents 3 and 4 demolished the stair case of the petitioner. For that, she lodged a complaint and no action was taken. However, the second respondent police based on the false complaint given by the private respondents now harassed the petitioner under the 2/5

guise of enquiry to appear for enquiry. Therefore, the petitioner sent a representation, dated 21.02.2025 and the same has not been considered. Hence, the petitioner filed this petition.

3. The learned Additional Public Prosecutor appearing for the official respondents would submit that based on the complaint given by the private respondents, they called the petitioner for enquiry. Apart from that they have not harassed the petitioner. However, the representation of the petitioner, dated 21.02.2025 is still pending. They will dispose of the representation of the petitioner, dated 21.02.2025 within one week.

4. Since the prayer of the petitioner is to consider the representation and not to harass the petitioner, the second respondent also denied the allegation levelled against him, recording the submission of the learned Additional Public Prosecutor appearing for the official respondents, this Court directs the second respondent to dispose of the representation of the petitioner, dated 21.02.2025 in accordance with law, within a period of one (1) week from the date of this order. 3/5

5. With the above said observations and directions, this writ petition stands disposed of. There shall be no order as to costs. 04.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City, Tirunelveli.

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P.DHANABAL, J.

BTR 04.03.2025 5/5