Sithivinayagam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL and W.M.P(MD)No.5985 of 2025 Sithivinayagam

...Petitioner

Vs.

1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, In the campurs of Superintendent of Police, Madurai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 and 2 to not to harass the petitioners in appreciating the facts and circumstances of the case by considering the petitioner's representation, dated 17.03.2025.

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For Petitioner : Mr.H.Lakshmi Shankar For Mr.Jayashree Ramesh For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to not to harass the petitioner by considering the petitioner's representation, dated 17.03.2025. 2.According to the petitioner, there is a dispute pending between the petitioner and one Karupaiya, thereby, a complaint was lodged by the daughter of the said karupaiya as against the petitioner before the first respondent. The Deputy Superintendent of Police, Samayanallur, frequently called the petitioner for enquiry, for which, the petitioner also appeared for enquiry twice. In spite of that, by interfering with the civil dispute, he is harassing the petitioner under the guise of enquiry. 2/5

Therefore, the petitioner sent the representation dated 17.03.2025, but the same has not been considered. Hence this petition. 3.The learned Additional Public Prosecutor appearing for the respondent police would submit that no any complaint has been received as against the petitioner by the second respondent. However, one Krishnaveni D/o. Karupaiya lodged a complaint and the same was forwarded to the Deputy Superintendent of Police, Samayanalur and the same is pending for enquiry.

4.Since the enquiry is pending with the Deputy Superintendent of Police, Samayanallur and he is not a party to the petitioner, however the complaint was forwarded by the first respondent to the concerned Deputy Superintendent of Police, Samayanallur this Court directs the first respondent to instruct the Deputy Superintendent of Police, Samayanallur to conduct enquiry and dispose of the same, in accordance with law within fifteen days. It is needless to mention that if the matter is pertaining to civil dispute, they have to follow the circular issued by the Director General of Police, Tamil Nadu, in this regard. 3/5

5.With the above direction, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. 24.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To 1.The Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, In the campurs of Superintendent of Police, Madurai District.

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

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P.DHANABAL , J.

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