Madras High CourtWP(MD)/9931/2024dismissed

M.A.Mohammed Masood v. The Tahsildar

2024-04-24Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P.(MD) No. 9931 of 2024 M.A.Mohammed Masood ... Petitioner -vs1. The Tahsildar, Taluk Office, Kadayanallur, Tenkasi District.

2. The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

3. M.A.Mohammed Mohaideen

4. M.H.Rabiathul Basaria ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the 2nd respondent to take necessary action for the peaceful running of the Eye Hospital situated at No.21-A, South Street, Krishnapuram, Rahmaniapuram, Kadayanallur, Tenkasi District in respect of the order in Na.Ka.A2 1640/2024 dated 13.03.2024 passed by

the 1st respondent by way of considering the petitioner's representation dated 23.02.2024.

For Petitioner :

Mr. P.Ranjith Kumar For Respondents :

Mr.M.Sakthi Kumar Government Advocate for R1 and R2

O R D E R

The petitioner has lodged a complaint dated 23.02.2024 as against the respondents 3 and 4. Since the respondent police have not taken any action on the petitioner's complaint, he has filed this writ petition seeking a direction to the respondent police to take necessary action against the respondents 3 and 4, based on her complaint dated 23.02.2024.

2. If the respondent Police is not taking any action on the petitioner's complaint dated 23.02.2024, he is having an alternative remedy either before the concerned Superintendent of Police under Section 154(3) Cr.P.C. or before the concerned Judicial Magistrate Court under Section 156(3) Cr.P.C.

3. Since, the petitioner is having an alternative remedy, this Court is not inclined to entertain this petition. Hence, Writ Petition is dismissed with liberty to the petitioner to invoke the available alternative remedy as stated above. There shall be no order as to costs.

24.04.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No LS To:

1. The Tahsildar, Taluk Office, Kadayanallur, Tenkasi District.

2. The Inspector of Police, Kadayanallur Police Station, Tenkasi District.

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

B.PUGALENDHI, J.

LS W.P.(MD) No. 9931 of 2024 24.04.2024