Balasubramanian v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.06.2023 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Balasubramanian ... Petitioner Vs.

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

2.The State rep. by, The Inspector of Police, Anti Land Grabbing Special Cell, Pudukottai, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to conduct proper enquiry and to investigate the same in accordance with law, on the basis of petitioner's complaint dated 15.04.2023, within a stipulated time frame fixed by this Court. For Petitioner : Mr.S.T.Sasidharan Tamilkani For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor 1/5

O R D E R

This writ petition has been filed seeking direction to the respondents to conduct proper enquiry and to investigate the same in accordance with law, on the basis of petitioner's complaint dated 15.04.2023, within a stipulated time frame fixed by this Court. 2.Mr.B.Nambiselvan, learned Additional Public Prosecutor, takes notice for the respondents.

3.The learned cousnel for the petitioner would submit that by suppressing some facts, the accused person executed the sale deed in favour of the petitioner by forging the documents. Hence, the petitioner lodged a complaint before the respondent police. Since the same was not properly investigated, this writ petition has been filed seeking direction to the respondents to investigate the same in proper manner. 4.The learned Additional Public Prosecutor would submit that on the basis of the complaint given by the petitioner, enquiry was undertaken. During the course of enquiry, both parties have appeared and both of them came to understanding that there was some mistake in the 2/5

above said sale deed, which is now under dispute. They have reached a compromise and as per the terms of compromise, rectification deed has to be executed. The above said compromise was reached on 20.05.2023 in the Village itself. The above said statement was also accepted by the petitioner and gave statement before the respondent police that no further action is required. Suppressing the above said facts, the second representation has been sent by the petitioner. 5.In view of the submissions made by the learned Additional Public Prosecutor, it appears that there is suppression of facts on the side of the petitioner, therefore, this Court is not inclined to entertain this petition. This petition deserves to be dismissed. 6.Accordingly, this writ petition stands dismissed. No costs. 22.06.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM 3/5

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

2.The Inspector of Police, Anti Land Grabbing Special Cell, Pudukottai, Pudukottai District.

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

4/5

G.ILANGOVAN, J TM Order made in Dated :22.06.2023 5/5