Madras High CourtWP(MD)/3925/2017disposed of

P.Sekar, v. The Superintendent Of Police

2017-03-07Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2017

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.3925 of 2017 and W.M.P.(MD) No.3107 of 2017 P.Sekar ... Petitioner -vs1.The Superintendent of Police, Surveyor Colony, Madurai City - 625 007.

2.The Assistant Superintendent of Police, Oomachikulam Circle, Madurai District.

3.The Inspector of Police, Karuppayoorani Police Station, Madurai District.

4.S.Sethu .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the respondents 1 to 3 to take necessary action against the 4th respondent regarding the representation dated 31.01.2017 and 27.02.2017.

For Petitioner : Mr.K.Suresh For Respondents : Mr.T.S.Mohammed Mohideen 1 to 3 Additional Government Pleader *****

O R D E R

This writ petition has been filed, seeking a direction to the respondent Nos.1 to 3 to take necessary action against the 4th respondent regarding the representations dated 31.01.2017 and 27.02.2017.

2.It is seen that the petitioner is having civil dispute with the fourth respondent. In this regard, the petitioner has given a complaint, based on which the third respondent has registered a case in C.S.R.No.16 of 2017 and petition enquiry is pending. Under such circumstances, no Mandamus as prayed for by the petitioner https://hcservices.ecourts.gov.in/hcservices/

can be issued. When there is commission of cognizable offence, it is needless to say that the Police will have to act under the provisions of the Code and not otherwise. Under such circumstances, the relief as claimed by the petitioner cannot be provided. However, the third respondent police has to conduct enquiry in C.S.R. No.16 of 2017 and take action in accordance with law expeditiously.

3.With the above directions and observations, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Surveyor Colony, Madurai City - 625 007.

2.The Assistant Superintendent of Police, Oomachikulam Circle, Madurai District.

3.The Inspector of Police, Karuppayoorani Police Station, Madurai District.

+1cc to Mr.K.Suresh, Advocate Sr.No. 12974 +1cc to M/S THE SPECIAL GOVERNMENT PLEADER, SR.NO. 13169 sj AE/RR/15.03.2017/2P/6C W.P.(MD) No.3925 of 2017 and W.M.P.(MD) No.3107 of 2017 07.03.2017 https://hcservices.ecourts.gov.in/hcservices/