Madras High CourtWP(MD)/16446/2021disposed of

Anandhakrishnan.M v. The Superintendent Of Police

2021-10-08Honourable Mr Justice G.Ilangovan2 pages

W.P.(MD)No.16446 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE :08.10.2021

CORAM:

THE HON'BLE MR JUSTICE G.ILANGOVAN W.P.(MD)No.16446 of 2021 M.Ananthakrishnan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Anti Land Grabbing Special Cell (ALGSC), Thoothukudi District.

3.Sabarinathan ... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to take appropriate action against the 3rd respondent, on the basis of the petitioner's representation, dated 17.06.2019, and complete the enquiry within the time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For R1 & R2 : Mr.K.Sanjai Gandhi, Government Advocate (Crl.Side)

O R D E R

This writ petition is filed seeking direction to direct the second respondent to take appropriate action, against the 3rd respondent, on the basis of the petitioner's representation, dated 17.06.2019.

2.When the matter was taken up for hearing on 14.09.2021, it has been observed that even though, the writ of mandamus for such relief will not lie, the learned Government Advocate (Crl.Side) has submitted that based upon the complaint given by the petitioner, enquiry was undertaken in C.No.22961 of 2019 and during the course of enquiry, it was found that it is purely a civil dispute between the parties and they were advised to workout their remedy through appropriate civil proceedings and the complaint given by the petitioner, came to be closed, on 06.01.2021. Since there was no https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.16446 of 2021 representation for the petitioner, matter was adjourned to 08.10.2021, under the caption 'for dismissal.' 3.The learned counsel for the petitioner would submit that after a lapse of two years of the date of complaint, it has been closed, even without referring the disputed documents to the expert opinion. So, on that ground, he seeks a direction, from this Court. 4.But, I mentioned earlier, the writ of mandamus for such relief, will not lie. The petitioner may workout his remedy either by proper complaint or by appropriate civil proceedings before the concerned Court I find no merit in this petition.

5. With the above said liberty, this Writ Petition stands dismissed. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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, Office of the Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Anti Land Grabbing Special Cell (ALGSC), Thoothukudi District.

W.P.(MD)No.16446 of 2021 08.10.2021 RD/JC (02.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2