Sekar v. The Deputy Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P.DHANABAL Sekar ... Petitioner Vs 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Bodinayakkanur Sub-Division, Theni District.

2.The Sub Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

3.Pappathi Ammal 4.Hitler 5.Murugan 6.Dharmar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 21.02.2025 and take appropriate action within the time limit stipulated by this Court forthwith.

1/6

For Petitioner : Mr.K.Prakash For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to direct the second respondent to consider the petitioner's representation dated 21.02.2025 and take appropriate action within the time limit stipulated by this Court. 2.According to the petitioner, he is the tenant under the third respondent. Now, the third respondent refused to return the lease amount of Rs. 2 lakhs to the petitioner. In this regard, there is a dispute between them. While so, based on the complaint given by the the 3rd respondent, a case has been registered by the 2nd respondent in Crime No.177 of 2023 as against the petitioner. Again, the third respondent lodged a complaint against the petitioner for the same issue and filed a writ petition before this Court in WP(MD) No. 16810 of 2023 and the same was disposed on 17.10.2023. Again, the third respondent lodged a false complaint before the District Collector and filed a writ petition in WP(MD) No. 2177 of 2025 and the same was ordered by this Court on 28.01.2025. When the petitioner appeared for enquiry before the first respondent, without 2/6

conducting enquiry the 1st respondent insisted him to vacate the premises and hand over the property to the third respondent. Thereafter, the petitioner lodged a complaint through online before the second respondent on 21.02.2025 as against the respondents 3 to 6. However, no action has been taken, hence this petition.

3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that the petitioner is the tenant and the third respondent is the owner of the property. There is a tenancy dispute between the parties. While so, the third respondent lodged a complaint against the petitioner and the same was closed as civil in nature. Thereafter, the third respondent filed a writ petition in W.P(MD) No. 2177 of 2025 before this Court to set aside the closure report and this Court directed the first respondent to conduct enquiry. Based on the direction of this Cout, the first respondent is now conducting enquiry. In the meantime, the petitioner has also lodged a complaint before the second respondent through online and the same is also pending. However, they will conduct enquiry and act in accordance with law. 4.Since the prayer of the petitioner is to consider the 3/6

representation of the petitioner and the same is also pending for enquiry with the second respondent, it is for the 2nd respondent to dispose of the same in the manner known to law.

6.In view of the same, this Court hereby directs the second respondent to dispose of the petitioner's representation, dated 21.02.2025 in accordance with law within a period of one week from the date of receipt of copy of this order.

7.With the above observations and direction, this Writ Petition is disposed of.

21.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To 1.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 4/6

Bodinayakkanur Sub-Division, Theni District.

2.The Sub Inspector of Police, Bodinayakkanur Rural Police Station, Theni District.

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

5/6

P.DHANABAL , J.

PNM ORDER IN 21.03.2025 6/6