Arockiaraj v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 30/12/2024

CORAM

The Hon`ble Mr.Justice M.DHANDAPANI Arockiaraj, ... Petitioner Vs

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

2. The Inspector of Police,, Aranthangi Police Station, Pudukottai District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the 2nd respondent to take action on the petitioners representation dated 08.05.2021 and conduct enquiry and act in accordance with law.

For Petitioner : M/s Lenin Kumar.T, For Respondents : Mr/B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This writ petition has been filed for a direction to the 2nd respondent to take action on the petitioner's representation dated 08.05.2021 and conduct enquiry and act in accordance with law.

2. The learned counsel for the petitioner would submit that the petitioner's father paid Rs.30 lakhs as advance to one Subramanian, Marimuthu and Senthil for a sale consideration and in the interregnum, the petitioner's father passed away. However, the sale was neither fructified and nor the advance amount was returned to the petitioner and hence, a representation was given to the respondent police and since no action has been taken on the same, the present writ petition has been filed. Therefore, the learned counsel for the petitioner would submit that this court may issue a direction to the respondents to consider the said representation.

3. Per contra, the learned Additional Public Prosecutor would submit that it is purely a civil dispute, which is pending between the 2/4

petitioner and other individuals, which has to be ventilated only before the competent civil court.

4. In view of the above, when the petitioner's father entered into a sale agreement with the individuals, after receipt of payment, which was not fructified, then the remedy available to the petitioner is to approach the civil court. Instead of approaching the civil court, the petitioner has approached the 2nd respondent and hence, this writ petition is dismissed with liberty to the petitioner to work out his remedy in the manner known to law.

30.12.2024 TO

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

2. The Inspector of Police,, Aranthangi Police Station, Pudukottai District..

3/4

M.DHANDAPANI,J

ORDER

IN WP(MD) No.7583 of 2022 Date : 30/12/2024 4/4