Iyappan. S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Iyappan ... Petitioner Vs.

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

2.The Sub Inspector of Police, Palavur Police Station, Tirunelveli District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the first respondent to give suitable instructions to the second respondent to take necessary steps in the petitioner's complaint dated 05.04.2022 on the file of the second respondent by disposing the petitioner's representation dated 19.04.2022. For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/5

ORDER

This Writ Petition has been filed to direct the first respondent to give suitable instructions to the second respondent to take necessary steps in the petitioner's complaint dated 05.04.2022 on the file of the second respondent by disposing the petitioner's representation dated 19.04.2022. 2.The learned counsel for the petitioner would submit that the wife of the petitioner has purchased a property in S.No.1035/5B in Irukanthurai Village, Tirunelveli District by way of Registered Sale Deed dated 23.02.2022 from the proposed accused namely, Jebarose Blesline. After purchasing the land, the husband of the Jebarose Blesline approached the petitioner and demanded him to return back the said land because of the difference of opinion between him and his father-in-law.

When the same was refused by the petitioner, the accused persons conspired together and planned to grab the property. In continuation, on 03.04.2022, the proposed accused trespassed into the property and damaged the tables and chair and taken away the petitioner's blank cheques and also taken away the office tables & chairs, wooden cot, HP Motor Bump and fans worth about Rs.50,000/-. Thereby, the petitioner gave a complaint to the second respondent. But, there was no action. Hence, he made a compliant before the first respondent in person on 05.04.2022. Again, there was no action.

made a detailed complaint before the first respondent. Thereafter, the second respondent has issued the summons to the petitioner and directed him to appear for enquiry on 13.05.2022. The petitioner appeared before the second respondent and produced all the documents before him. Even then, the second respondent has not taken any steps sofar. Hence, the petitioner has filed the present petition before this Court.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that on the complaint given by the petitioner, enquiry was conducted and both the parties were appeared before the Law Enforcing Agency. The rival party has agreed to give money, which was received from the petitioner and the petitioner also agreed the same. On that basis, the petitioner is agreed to withdraw the complaint. Hence, the complaint was closed on 20.05.2022.

4.Recording the said submission, this Writ Petition is closed. No costs. Index : Yes/No 06.02.2024 Internet : Yes/No NCC : Yes/No dss 3/5

To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Sub Inspector of Police, Palavur Police Station, Tirunelveli District.

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

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M.DHANDAPANI, J.

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