Madras High CourtWP(MD)/9951/2020disposed of

J.John Peter Savarimuthu, v. The Superintendent Of Police,

2020-08-25Honourable Mr Justice R. Pongiappan2 pages

W.P(MD)No.9951 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.08.2020

CORAM:

THE HONOURABLE Mr.JUSTICE R.PONGIAPPAN W.P(MD)No.9951 of 2020 J.John Peter Savarimuthu ... Petitioner Vs.

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

2.The Inspector of Police, Land Acquisition Special Wing, Dindigul, Dindigul District.

3.Arockiyam, 4.Sahayaraj 5.Justin ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the respondents 3 to 5, by conducting an enquiry, on the basis of the petitioner's representation dated 25.06.2020. For Petitioner : Mr.P.Krishnasamy For Respondents : Mr.S.Chandrasekar (R1 & R2) Additional Public Prosecutor

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action against the respondents 3 to 5, on the basis of the petitioner's representation dated 25.06.2020.

2. Today when at the time, the writ petition is came up for hearing, the learned counsel appearing for the petitioner would submit that during the relevant point of time, the respondents 3 to 5 unlawfully entered into the property belongs to the petitioner and caused hindrance to the possession having by the petitioner.

3. In this regard, the learned Additional Public Prosecutor appearing for the respondent Police, on instructions, would submit that on receipt of the complaint given by the petitioner, the 2nd https://hcservices.ecourts.gov.in/hcservices/

W.P(MD)No.9951 of 2020 respondent police initiated an enquiry in G3/R584/1549/SP/DCL/2020 and the same is pending.

4. Upon considering the arguments advanced by the learned counsels appearing on either side, if allegations levelled by the petitioner against the respondents 3 to 5 is true, definitely, they are liable for penal action, under the relevant provisions of the law. However, the submission of the learned Additional Public Prosecutor reveals the fact that enquiry is pending. At this juncture, it is not appropriate to pass any order in this case. However, the respondents police are directed to consider the representation given by the petitioner dated 25.06.2020 and to pass necessary orders in accordance with law.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Deputy Registrar (LA&MC) // True Copy // / /2020 Sub Assistant Registrar(CS) MPK Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Dindigul District,Dindigul.

2.The Inspector of Police, Land Acquisition Special Wing,Dindigul,Dindigul District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P(MD)No.9951 of 2020 25.08.2020 AP(04/09/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/