Madras High CourtWP(MD)/16085/2021disposed of

Kremmer Sandegren Foundation Pattukottai v. The Commissioner Of Police

2021-09-21Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD)No.16085 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2021

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD) No.16085 of 2021 Kremmer Sandegren Foundation Pattukottai Registration No.5/1957 represented by its President, Abrahamdhass No.16-St.John's Church Complex, Rockins Road, Trichy 620 001 ... Petitioner Vs 1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Law and Order, Cantonment, Trichy.

3.The Assistant Commissioner of Police, Crimes, Cantonment, Trichy.

4.The Inspector of Police, Central Crime Branch, Cantonment, Trichy.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to hold an enquiry by the competent authority namely the 3rd and 4th respondent to initiate action on the petitioner complaint dated 20.06.2021 and take further action. For Petitioner : Mr.A.Srinivasan For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl.Side)

ORDER

This petition is filed seeking direction to the 1st respondent to hold an enquiry and to initiate action upon the complaint dated 20.06.2021.

2.Even though writ of mandamus may not lie, the learned Government Advocate (Crl.side) appearing for the respondents would https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16085 of 2021 submit that based upon the complaint given by this petitioner, enquiry was undertaken in C.No.1047/PG/COP/CAMP/COP/TRC/21 and during the course of enquiry, both parties appeared and found that in respect of the society dispute, two suits, namely, O.S.No.1150 of 2020 on the file of the Principal District Munsif Court, Coimbatore and O.S.No.1053 of 2020 on the file of the Subordinate Court, Coimbatore have been filed. It is observed that the dispute is with reference to the document of the society and the administration. Since two suits are pending before the competent Court, no further action can be taken. On that ground, it was closed on 08.09.2021. 3.Since the complaint given by this petitioner has been closed, he has to workout his remedy appropriately through appropriate proceedings. So, nothing survives for further consideration in this petition as the petition has now become infructuous. 4.With the aforesaid liberty, this petition stands disposed of as infructuous. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, Law and Order, Cantonment, Trichy.

3.The Assistant Commissioner of Police, Crimes, Cantonment, Trichy.

4.The Inspector of Police, Central Crime Branch, Cantonment, Trichy.

+1 CC to M/s.A.SRINIVASAN, Advocate ( SR-29736[F] dated 21/09/2021 ) W.P.(MD)No.16085 of 2021 21.09.2021 MGJ(28.09.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2