Madras High CourtWP(MD)/1393/2019disposed of

N.Prema, v. The District Collector,

2022-04-28Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022 CORAM :

THE HONOURABLE Mr.JUSTICE G.ILANGOVAN W.P.(MD)Nos.1393 & 1394 of 2019 and W.M.P(MD) Nos.1190 & 13725 of 2019 in W.P(MD) No.1393 of 2019 N.Prema ... Petitioner Vs.

1. The District Collector, Tiruchirappalli.

2. The Tahsildar, Tiruchirappalli East Taluk, Tiruchirappalli.

Cantonment Police Station, Tiruchirappalli - 620 001.

4. Meenakshi Pillai

5. T.Saratha ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to lodge a complaint against the respondents 4 and 5 before the 3rd respondent for the offences committed by the respondents 4 and 5 punishable under Sections 420, 466, 468 and 484 of IPC pursuant to the complaint dated 23.06.2018 lodged by the petitioner before the first respondent.

W.P(MD) No.1394 of 2019 N.Prema ... Petitioner Vs.

1. The Commissioner of Police, Subramaniyapuram, Tiruchirappalli - 620 020.

2. The Assistant Commissioner of Police, Cantonment, Tiruchirappalli - 620 001.

1/3

Cantonment, Tiruchirappalli - 620 001.

4. Meenakshi Pillai

5. T.Saratha ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to expedite the enquiry within a specified time frame that may be fixed by this Court after registering an FIR against the respondents 4 and 5 pursuant to the complaint dated 23.06.2018 lodged by the petitioner before the first respondent. In both writ petitions:- For Petitioner : Mr.Shangar Murali For R1 to R3 : Mr.B.Nambi Selvan Additional Public Prosecutor For R4 : Mr.R.Sundar Srinivasan For R5 : Mr.V.Om Prakash COMMON ORDER W.P(MD) No.

1393 of 2019 has been filed seeking direction to the respondents 1 and 2 to lodge a complaint against the respondents 4 and 5 before the 3rd respondent for the offences committed by the respondents 4 and 5 punishable under Sections 420, 466, 468 and 484 of IPC, pursuant to the complaint dated 23.06.2018, lodged by the petitioner before the first respondent and W.P.(MD) No.1394 of 2019 has also been filed seeking direction to the respondents 2 and 3 to expedite the enquiry within a specified time frame that may be fixed by this Court after registering an FIR, against the respondents 4 and 5, pursuant to the complaint dated 23.06.2018 lodged by the petitioner before the first respondent.

2. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that an enquiry was undertaken on the basis of the complaint given by the petitioner. During the course of enquiry, it was submitted by the the petitioner that the suit in O.S.No.204 of 2015 was filed for declaration and possession. He would further submit that the suit in O.S.No.204 of 2015 was dismissed and liberty given to the plaintiff to file a fresh suit on the same cause of action, within two months from the date of decree i.e., on 15.02.2018. After that, no suit was filed by the petitioner/plaintiff.

3. The learned counsel for the private respondents would submit that before the enquiry officer, the son of the petitioner appeared 2/3

and given a statment that he will take steps along with the defendants to measure the suit shedule property by the surveyor and no further action would be taken on the complaint given by the petitioner.

4. In view of the above nothing survives for further consideration or direction in these petitions. The petitioner is at liberty to work out her remedy through appropriate proceedings, if aggrieved by the manner of the closure of the complaint. Both writ petitions are disposed of, with the above said terms. The respondents are directed to serve the closure report to the petitioner. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS.II) // True Copy // / /2022 Sub Assistant Registrar(CS) To

1. The District Collector, Tiruchirappalli.

2. The Tahsildar, Tiruchirappalli East Taluk, Tiruchirappalli.

Cantonment Police Station, Tiruchirappalli - 620 001.

4. The Commissioner of Police, Subramaniyapuram, Tiruchirappalli - 620 020.

5. The Assistant Commissioner of Police, Cantonment, Tiruchirappalli - 620 001.

6. The Inspector of Police, Cantonment, Tiruchirappalli - 620 001.

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

+1cc to Mr.K.S.SANKAR MURALI, Advocate, SR.No.22128 Date:28/04/2022 +1cc to Mr.R.SUNDAR SRINIVASAN,Advocate, SR.No.22206 Date:28/04/2022 W.P.(MD)Nos.1393 & 1394 of 2019 Date:28.04.2022 SA(01.06.2022) 3P 10C 3/3