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Madras High CourtCRL OP(MD)/13030/2020closed

Samuvel Durai v. The Superintendent Of Police

2020-11-24Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Samuvel Durai ... Petitioner Vs.

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

2.The Deputy Superintendent of Police(Rural), Thoothukudi Town, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, 4.The Inspector of Police, Puthiyamputhur Police Station, Puthiyamputhur, ... Respondents PRAYER: This Petition is filed under Section 482 Code of Criminal Procedure, to direct the respondents herein to initiate appropriate action under Section 133 Cr.P.C on the basis of the petitioner's representation dated 14.10.2020 lodged before the first respondent herein in receipt No.2568 dated 14.10.2020 within the time limit as fixed by this Court.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondents: Mr.V.Neelakandan Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents herein to initiate appropriate action under Section 133 Cr.P.C on the basis of the petitioner's representation dated 14.10.2020 lodged before the first respondent herein in receipt No.2568 dated 14.10.2020 within the time limit as fixed by this Court.

2. According to the petitioner, the Government Poramboke land had been encroached by one Jeyakumar and he has also caused 1/3

hindrance to the petitioner's private property. As regards the said encroachment, civil suits are pending. Subsequently, the petitioner made a representation dated 14.11.2019 to first respondent and it was brought to the knowledge of the Revenue Authorities and it is the duty of the third respondent to remove the obstruction. But, so far, no action has been taken. Again, the petitioner made a representation, dated 14.10.2020 to the first respondent police. Till now, no action has been taken. Hence, the present petition.

3. The learned Additional Public Prosecutor, appearing for the respondents, on instructions, would submit that the parties have appeared before the respondent police for enquiry. At the time of enquiry, they have stated that they will approach the civil forum for getting relief. Therefore, the complaint was closed. 4.Recording the said submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is closed. However, the petitioner is directed to approach the appropriate forum.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) das NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:- 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police(Rural), Thoothukudi Town, 3.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Kovilpatti, 2/3

4.The Inspector of Police, Puthiyamputhur Police Station, Puthiyamputhur, 24.11.2020 ARK(CO) NR (04/12/2020) 3P : 5C 3/3