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Madras High CourtWP(MD)/14147/2016disposed of

Periasamy, S/O.Kaliappan v. The Commissioner Of Police

2016-08-05Honourable Dr. Justice S. Vimala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2016

CORAM

THE HON'BLE DR.JUSTICE S.VIMALA W.P(MD)No.14147 of 2016 Periasamy

...Petitioner

-Vs1.The Commissioner of Police, Madurai, Madurai District.

2.The Inspector of Police, Sellur Police Station, Madurai District.

...Respondents

Prayer:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to break open the door of the petitioner's leased out house on the basis of the representation dated 19.07.2016.

For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.D.Muruganandam, Addl. Govt. Pleader.

For intervener : Mr.S.Gopala Manikandan

O R D E R

The writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to break open the door of the petitioner's leased out house on the basis of his representation dated 19.07.2016.

2.Mr.D.Muruganandam, learned Additional Government Pleader, takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

4.The learned counsel appearing for the petitioner would submit that the petitioner has given a representation dated 19.07.2016 stating that his house, which is in occupation of the tenant, kept under lock and key for months together and therefore, https://hcservices.ecourts.gov.in/hcservices/

it is not known whether the tenant himself is alive or not and whether there are things inside or not and as the same was not considered by the second respondent so far, the petitioner has come up with this petition.

5.The learned Additional Government Pleader appearing for the respondents, on instructions, gave an undertaking that the second respondent would consider the representation of the petitioner dated 19.07.2016 and pass appropriate orders on merits and in accordance with law.

6.In view of the above submission made by the learned Additional Government Pleader, the second respondent is directed to consider the representation of the petitioner dated 19.07.2016 and pass appropriate orders on merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar To 1.

The Commissioner of Police, Madurai, Madurai District.

2.

The Inspector of Police, Sellur Police Station, Madurai District.

+1cc to M/S.G.Gomathi Sankar, Advocate SR.No.42146 +1cc to Special Government Pleader SR.No.42585 ORDER MADE IN W.P(MD)No.14147 of 2016 05.08.2016 gcg SD/DB/23.08.2016/2P/5C https://hcservices.ecourts.gov.in/hcservices/