Jothi V v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.10.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR V.Jothi ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Karaikudi Division, Sivagangai District.

3.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

4.S.P.Alagappan 5.P.Shanmugavalli ... 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 Nos.1 to 3 to conduct an enquiry based on the complaint of the petitioner dated 26.03.2024 consequently direct the respondents Nos.1 to 3 to take action against the respondents 4 and 5 in accordance with law. 1/4

For Petitioners : Mr.B.Prasanna Vinoth For R1 to R3 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

For R4 & R5 : Mr.D.Venkatesh

ORDER

This writ petition has been filed seeking orders to direct the respondents Nos.1 to 3 to conduct an enquiry based on the complaint of the petitioner dated 26.03.2024 consequently direct the respondents Nos.1 to 3 to take action against the respondents 4 and 5 in accordance with law. 2.When the matter was taken up for hearing earlier, this Court directed the respondent Police not to permit the dismissed employees to conduct the shop pending disposal of these writ petition. 3.The learned counsel appearing for the private respondent would submit that subsequent to the order of this Court, they have closed the shop and as of now no one is running the shop. 2/4

4.The learned Additional Public Prosecutor appearing for the official respondents would submit that on the basis of the complaint given by the petitioner, an enquiry has been initiated in CSR.No.381 of 2024 and the same is pending.

5.The learned counsel appearing for the petitioner would submit that since the entire articles were kept in the shop, they may be permitted to open the shop and take them, for which, the learned counsel appearing for the private respondents raised serious objection. 6.Considering the above, the third respondent is directed to issue notice to the petitioner as well as the private respondents, conduct enquiry and pass orders, within a period of one week from the date of receipt of a copy of this order. Accordingly, this writ petition is disposed of. No costs.

24.10.2024 NCC :yes/No Index :yes/No Internet:yes/No gns 3/4

K.MURALI SHANKAR ,J.

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

2.The Deputy Superintendent of Police, Karaikudi Division, Sivagangai District.

3.The Inspector of Police, Karaikudi North Police Station, Sivagangai District.

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