V.Selvi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI V.Selvi ... Petitioner versus

1. The Superintendent of Police, Thanjavur.

2. The Inspector of Police, Vallam Police Station, Vallam, Thanjavur.

3. Vijayakumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 1st respondent to direct the 2nd respondent to conduct an enquiry and to take appropriate action against the 3rd respondent in accordance with law regarding non returning back of the amount of Rs.4,50,000/- by the 3rd respondent to the petitioner as per assurance given before the 2nd respondent.

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For Petitioner : Mr.N.Balasubramanian For R1 and R2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner, with a grievance that the 3rd respondent, who is the Contractor, has cheated him, has lodged a complaint before the respondent Police and also filed this writ petition seeking a Mandamus, directing the respondent Police to conduct an enquiry and take appropriate action against the 3rd respondent.

2. The learned Additional Public Prosecutor submits that the petitioner's complaint has been treated as petition enquiry.

3. The averment made in the complaint is that the petitioner has engaged the proposed accused/3rd respondent for constructing a house and also paid a sum of Rs.38 lakhs to the 3rd respondent, but, he has not constructed the house to that amount and therefore, the 3rd respondent 2/5

has to refund a sum of Rs.4,50,000/-.

4. The contention of the complaint is a matter which has to be dealt with by the Consumer Forum and not by the Police. Therefore, this Court is not inclined to issue any direction to the respondent Police to enquire into the petitioner's complaint.

5. Accordingly, this writ petition is closed with liberty to the petitioner to workout her remedy before the Consumer Forum. No costs.

03.06.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Superintendent of Police, Thanjavur.

2. The Inspector of Police, 3/5

Vallam Police Station, Vallam, Thanjavur.

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B.PUGALENDHI, J.

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