Parameshwari v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.6733 of 2024 Parameshwari ... Petitioner /vs./ 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second Respondent herein to initiate appropriate criminal action under the relevant provisions of law on the basis of the Petitioner's complaint dated 13.02.2024 lodged before the second Respondent herein.

For Petitioner : Mr.R.Ilayaraja For Respondents : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

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 Respondent Police to register a case based on the complaint of the Petitioner.

2. It is the contention of the learned Counsel for the Petitioner that the Petitioner and her husband purchased the property in Survey No.240/8 to an extent of 274 sq.feet from one Megapu Jailani. In the said property, there was one house in which one Muthumari was residing as tenant. After purchasing the property, the Petitioner asked the said person to vacate and hand over the possession. However, the said Muthumari refused to vacate the premises. Therefore, the Petitioner had preferred a complaint dated 13.02.2024 to the second Respondent. Since no action has been taken by the second Respondent, the Petitioner approached this Court by way of filing this petition.

3. The learned Government Advocate (Criminal Side) on instructions from the Respondents would submit that as per the circular of Director General of Police, Tamil Nadu, Chennai, in Rc.007301/Genl.I(1)/2019, dated 09.04.2019 and Additional Director General of Police in C.No.18/ADGP/L&O/Camp/2024, 2/4

the Field Officers throughout the State of Tamil Nadu are not to involve themselves in the civil dispute particularly involving money dispute and property dispute.

4. Considering the submission of the learned Counsel for the Petitioner and the learned Government Advocate, the Petitioner is directed to seek his remedy under the Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, by approaching the Court concerned.

5. With the above direction, this Writ Petition is disposed of. No costs. 20.03.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Nsr TO:

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

2.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

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SATHI KUMAR SUKUMARA KURUP, J.

Nsr Order made in W.P.(MD)No.6733 of 2024 Dated:

20.03.2024 4/4