Madras High CourtWP(MD)/16352/2020disposed of

Sivagamasundararajeswari v. The Superintendent Of Police

2020-11-20Honourable Mrs Justice J. Nisha Banu2 pages

W.P(MD)No.16352 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.16352 of 2020 Sivagamasundararajeswari ... Petitioner Vs

1. The Superintendent of Police, Virudhunagar District.

2. The Deputy Superintendent Of Police, Anti Land Grabbing Special Cell, Virudhunagar District.

3. The Inspector of Police, Anti Land Grabbing Special Cell, Virudhunagar District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of Mandamus, by directing the respondents to take necessary steps and proceed with the petitioner complaint dated 24.09.2020 in accordance with law as expeditiously as possible within the time stipulation as prescribed by this Court. For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.R.Srinivasan Government Advocate

O R D E R

This Writ Petition has been filed directing the respondents to take necessary steps and proceed with the petitioner complaint dated 24.09.2020 in accordance with law as expeditiously as possible within the time stipulation as prescribed by this Court.

2. The learned counsel for the petitioner would submit that one Rajaguru / petitioner's husband was working as a teacher executed a power of attorney deed to one Madasamy on 04.04.2020. Subsequently, he died on 01.06.2020. Though the petitioner's husband was died on 01.06.2020, the said Madasamy conspired with other accused created a forged and fake life certificate that he was alive on 14.09.2020 and executed a sale deed to one Rajasekar / proposed accused. Therefore, the petitioner had given a detailed complaint to the Superintendent of Police, Virudhunagar, dated 24.09.2020 to proceed with the complaint. So far, no action has been taken by the respondents. Hence, the present petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.16352 of 2020 3.The learned Government Advocate appearing for the respondents, on instructions, would submit that the respondent police received the petitioner's complaint, dated 24.09.2020 and the respondent police examined 9 witnesses and the FIR is yet to be registered.

4.Considering the submission made on either side, the respondents are directed to consider the complaint of the petitioner, dated 24.09.2020 on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order and communicate the result to the petitioner so that she can work out her rights in the manner know to law. 5.With the above direction, this Writ Petition is disposed of. Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ls/msa 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, Virudhunagar District.

2. The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Virudhunagar District.

3. The Inspector of Police, Anti Land Grabbing Special Cell, Virudhunagar District.

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

W.P(MD)No.16352 of 2020 20.11.2020 SJ(CO) CS(01.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2