S.Sivakumaran, S/O.Sivathanu v. The Deputy Inspector General
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2018
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.19428 of 2018 S.Sivakumaran ... Petitioner -Vs1.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli District.
2.The Superintendent of Police, Nagercoil, Kanyakumari District.
3.The State rep. by its Inspector of Police, Suchintram Police Station, 4.The State rep. by its Sub Inspector of Police, Anjugramam Police Station, 5.Deivendran Pillai 6.Sudalaiyandi Pillai 7.Parameswaran 8.Krishnan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of mandamus directing the respondent police to hand over the key of the petitioner's residential house bearing number 164 A, Pillaiyar Koil Street, Kanyakumari District forthwith to the petitioner.
For Petitioner : Mr.N.Dilip Kumar For Respondents : Mr.B.Bhagawathi 1to4 Government Advocate
ORDER
This Writ petition has been filed for a direction to the respondent police to hand over the key of the petitioner's residential house.
2.It is the case of the petitioner that the property in question was given on a lease to one Ramachandran Pillai in the year 2012. In the year 2013 the said Ramachandran Pillai died in the middle of the Road. The house key was taken from the deceased and certain miscreants entered into the house and looted all the belongings of the said Ramachandran Pillai. A complaint was given in this regard to the respondent police and the police have been investigating in this case. In the course of investigation, the house belonging to the petitioner was locked and kept under lock and key by the respondent police for the last 5 years. Therefore, the petitioner has filed the present writ petition seeking for the handing over of the property.
3.The learned Government Advocate on instructions would submit that the third and fourth respondents are willing to hand over the key of the property to the petitioner in the presence of the Village Administrative Officer, Kulasekaram. The petitioner has also given a letter to the respondent police to the effect that he will cooperate during the investigation.
4.The third and fourth respondents are directed to hand over the possession of the house situated at door No.164/A, Pillaiyar Kovil Street, Kaniyakumari district, to the petitioner within a period of one week from the date of receipt of a copy of this order. The third and fourth respondents shall hand over the possession in the presence of the Village Administrative Officer, Kulasekaram, in order to evidence the handing over of possession. 5.With the above direction this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Deputy Inspector General of Police, Tirunelveli Range, Tirunelveli District.
2.The Superintendent of Police, Nagercoil, Kanyakumari District.
3.The Inspector of Police, Suchintram Police Station,
4.The Sub Inspector of Police, Anjugramam Police Station, 5.The Village Administrative Officer, Kulasekaram, Kanyakumari District.
+1CC to Mr.N.Dilip Kumar, Advocate, SR.No.85792 W.P.(MD)No.19428 of 2018 19.09.2018 TM ES/RP/SAR 1/10.10.2018/3P/7C