N.Mathavan v. The State Of Tamilnadu Rep. By The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Mathavan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by the Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Palayanur Police Station, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st respondent to take appropriate action on the petitioner's complaint dated 06.05.2026 in terms of Lalita kumari Vs State of U.P. reported in 2014(2) SCC1 within the stipulated time fixed by this Court.

For Petitioner : Mr.S.Satheesh Kumar For Respondents : Mr.Arun Arockiasamy Government Advocate (crl.side) 1/5

ORDER

Seeking to direct the 1st respondent police to take appropriate action on the petitioner's complaint, dated 06.05.2026, this writ petition is filed.

2. The learned counsel for the petitioner submitted that the petitioner is the owner in possession and title with respect to 90 acres of land comprised in Survey Nos.166/1, 166/2, 166/3, 209/6, 209/7, 209/3, 170/1, 170/2, 170/3, 242/1, 242/6, 242/2, 243/1, 243/5, 243/7, 243/4, 244/1, 244/6, 244/7, 244/3, 244/7, 244/3, 244/4, 244/5, 245/1, 245/2, 245/3, 245/8, 246/6, 247/4, 247/5, 247/6, 247/7, 248/1, 248/2, 248/3, 248/4, 248/5, 248/6, 248/7, 248/8, 248/9, 248/10, 248/11, 248/12, 248/13, 252/2, 252/3, 7/2A and 254/1A, Palayanur Village. While so, the proposed accused, namely Kumaresan had removed all the plantations and trees from at least 20 acres of the aforesaid land by trespassing into the petitioner's property. In this regard, the petitioner had given several complaints to the 3rd respondent police. On 09.05.2026, C.S.R.No.124 of 2026 was issued. However, there is no progress in the enquiry and hence, this writ petition.

3. The learned Government Advocate(Crl.side) on instructions submitted that due to non-cooperation of the petitioner, the enquiry has already been closed.

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4. Per contra, the learned counsel for the petitioner submitted that he was never ever called by the 3rd respondent police for enquiry and they are hand in glove with the proposed accused and kept the petitioner's complaint in abeyance.

5. Heard the learned counsels on either side and carefully perused the materials available on record.

6. In view of the above, the 3rd respondent police is directed to reopen the petitioner's complaint, dated 06.05.2026 and put the petitioner and the proposed accused on summon under Section 64 BNSS, conduct discreet inquiry, and thereafter conclude the same, after affording an opportunity of hearing to both parties, within a period of four (4) weeks from the date of receipt of copy of this order.

7. With the above directions, this Writ Petition stands disposed of. 03.06.2026 NCC : Yes / No Index : Yes / No gbg 3/5

TO:- 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Manamadurai, Sivagangai District.

3.The Inspector of Police, Palayanur Police Station, Sivagangai District.

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

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L.VICTORIA GOWRI, J.

gbg Order made in Dated 03.06.2026 5/5