Madras High CourtWP(MD)/7264/2022disposed of

Thamaraipushbam v. The Superintendent Of Police

2024-01-30Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30.01.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI W.P.(MD) No.7264 of 2022 Thamaraipushbam ... Petitioner Vs

1. The Superintendent of Police Thoothukudi District, Thoothukudi.

2. The Deputy Superintendent of Police, Deputy Superintendent office, Sathankulam, Thoothukudi District.

3. The Tahsildar, Sathankulam Taluk, Thoothukudi District.

4. Paul Lose,

5. Nelson,

6. Jeyasudha,

7. The Village Administrative Officer, Mudalur Village, Thoothukudi District 1/4

8. David Singam,

9. Sudhakar,

10. Selvaraj, ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to take appropriate action as against the Respondents 4 & 5 for the act of misusing their official by considering the petitioner's representation dated 04.02.2022 within a stipulated period as framed by this Court.

For Petitioner : M/s.J. David Ganesan For Respondents : M/s. B. Nambiselvan for R1, 2, 3 & 7 Additional Public Prosecutor No appearance for R4,5,6,8 & 9.

ORDER

This writ petition has been filed for a direction to the 1st respondent to take appropriate action as against the respondents 4 & 5 for the act of misusing their official capacity by considering the petitioner's representation dated 04.02.2022.

2. The learned counsel for the petitioner would submit that this Court may issue a direction to the respondents 5 and 6 to survey the property, after providing opportunity to the petitioner. 2/4

3. Heard the learned Additional Public Prosecutor for the official respondents, on the above submissions.

4. In view of the submission made by the learned counsel for the petitioner, this Court, without going into the merits or the contentions, is inclined to issue a direction to the 3rd respondent to measure the property of the petitioner, after following due process of law and after providing opportunity to both the petitioner and other aggrieved persons, if any. This writ petition is disposed of with the above direction. 30.01.2024 RR TO

1. The Superintendent of Police Thoothukudi District, Thoothukudi.

2. The Deputy Superintendent of Police, Deputy Superintendent office, Sathankulam, Thoothukudi District.

3. The Tahsildar, Sathankulam Taluk, Thoothukudi District.

3/4

M.DHANDAPANI. J RR

ORDER

IN WP(MD) No.7264 of 2022 Date : 30.01.2024 4/4