P.Saroja, W/O.Balakrishnan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2017

CORAM

THE HONOURABLE MR.JUSTICE A.M.BASHEER AHAMED W.P.(MD)No.8420 of 2017 P.Saroja : Petitioner Vs.

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

2.The Inspector of Police, Parthibanoor Police Station, Parthibanoor, Ramanathapuram District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to investigate and conduct preliminary enquiry on the allegation made out in the petitioner's complaint dated 15.03.2017.

For Petitioner : Mr.D.Senthil For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

O R D E R

The learned counsel for the petitioner is present. The Additional Government Pleader takes notice for the respondents. Mr.K.Packiasamy, SSI, Parthibanur Police Station assisted the Additional Government Pleader.

2.The learned counsel for the petitioner states that the disputed property was allotted to her brother namely Sankaiah, in the family partition and after that she has purchased the property in the year 1995 and she has cultivated the lands and also other lands belonging to her in the same village.

3.Further it is stated by the learned counsel for the petitioner that, one Kathiravan who is the Cousin Brother of the petitioner, prevented her from cultivating her land and said Kathiravan prevented the agricultural labours from entering in to her land and threatened the petitioner with dire consequences to cultivate the lands.

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4.The petitioner has given a complaint dated 15.03.2017 for adequate action on the concerned person and there is no progress in the complaint by the respondent police.

5.The learned Additional Government Pleader states that earlier Cr.O.P.(MD)No.448 of 2017 preferred by the petitioner herein was dismissed since there is a Civil dispute pending. Further the Additional Government Pleader for the respondents stated that the complaint dated 15.03.2017 was taken on file, C.S.R.No.12 of 2017 and the same is pending for enquiry. 6.Considering the facts and circumstances of the case, the second respondent is directed to investigate and conduct preliminary enquiry on the compliant on merits. 7.With this direction, this Writ Petition is ordered accordingly. No Costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Parthibanoor Police Station, Parthibanoor, Ramanathapuram District.

+One cc to Mr.D.Senthil, Advocate, SR.No.55306 GK/MYR RL/4C/2P/MR/SAR3/12.5.2017 W.P.(MD)No.8420 of 2017 28.04.2017 https://hcservices.ecourts.gov.in/hcservices/