Madras High CourtWP(MD)/11267/2017closed

Duraivelan, S/O.Jeyabalan v. The Superintendent Of Police

2017-06-19Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.11267 of 2017 and W.M.P.(MD) No.8647 of 2017 Duraivelan ... Petitioner -vs1.The Superintendent of Police, Theni, Theni District.

2.The Inspector of Police, Theni, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the respondent Nos.1 and 2 to consider the petitioner's representation for registering the F.I.R based on his complaint dated 09.05.2017 and pass such other and further orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

For Petitioner : Mr.J.Senthil Kumar For Respondents : Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader *****

O R D E R

This petition has been filed, seeking to direct the respondent Nos.1 and 2 to consider the petitioner's representation for registering the F.I.R based on his complaint dated 09.05.2017.

2. In view of the law laid down by this Court in Sugesan Transport Pvt. Ltd. represented by its Director Rajendra Sheth No.7C, Second Canal Cross Road Gandhi Nagar Adyar, Chennai 600 020 vs. The Assistant Commissioner of Police, J-2, Adyar Police Station, Adyar, Chennai 600 020 and another, reported in 2016 (2) CTC 286, this petition is not maintainable. However, the learned Additional Government Pleader submitted that on the complaint given by the petitioner, a petition enquiry has been conducted and the same was closed on 15.06.2017 on the ground that the dispute is essentially civil in nature. A copy of the closure report has https://hcservices.ecourts.gov.in/hcservices/

also been furnished to the learned counsel for the petitioner across the bar.

3. Recording the same, this petition is closed with liberty to the petitioner to work out his remedy in the manner known to law. No costs. Consequently, connected miscellaneous petition is also closed.

Sd/- Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar To:

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

2.The Inspector of Police, Theni, Theni District.

+1 cc to Mr.J.Senthil kumar , Advocate in SR.No. 60909 +1 cc to Special Government Pleader in SR.No.60985 ar AE/JC/SAR1/30.06.2017/2P/5C W.P.(MD) No.11267 of 2017 19.06.2017 https://hcservices.ecourts.gov.in/hcservices/