Sugumaran.T v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2022 CORAM :
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM T.Sugumaran
...Petitioner
Vs.
1. The Superintendent of Police, Office of the Superintendent of Police, Madurai.
2. The Executive Magistrate/ The Revenue Divisional Officer, Office of the Revenue Divisional Office, Madurai Collectorate, Madurai District.
3. The Inspector of Police, Vadipatti Police Station, Madurai District.
4. M/s. Shree Varaaha Packages, Partnership Firm, Represented by its Partner, Smt. Gandhi Nimmi, W/o. S.Santhana Gopalan, No.2/99, Kalvi Nagar South, Palkalai Nagar Post, Madurai - 652021.
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to initiate proceedings under Section 133 of Cr.P.C against the respondent No.4 for creating public nuisance by put up factory for manufacturer of Corrugated Boxes, Corrugated Paper Board at Survey Nos.499/1G, 499/6A, 499/6B & 499/1H totally admeasuring 1 Acre 24 cents and a building constructed thereon bearing Door No.2/238, at Katchakatti Village, Semminipatti Panchayat, Vadipatti Taluk, Madurai District, by considering the representation dated 19.07.2022 within the time stipulated by this Court.
For Petitioner : Mr.I.Pinaygash For R1 & R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) For R2 : Mr.Villavankothari AGP
O R D E R
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, directing the second respondent to initiate proceedings under Section 133 of Cr.P.C against the respondent No.4 for creating public nuisance by put up factory for manufacturer of Corrugated Boxes, Corrugated Paper Board at Survey Nos.499/1G, 499/6A, 499/6B & 499/1H totally admeasuring 1 Acre 24 cents and a building constructed 2/5
thereon bearing Door No.2/238, at Katchakatti Village, Semminipatti Panchayat, Vadipatti Taluk, Madurai District, by considering the representation dated 19.07.2022 within the time stipulated by this Court.
2. Mr.T.Villavankothari, learned Additional Government Pleader takes notice for the second respondent.
3. The learned counsel appearing for the petitioner submitted that after receiving the complaint, the respondents have not taken any action.
4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 3 submitted that they are ready to consider the petitioner's representation, dated 19.07.2022.
5. In view of the same, the second respondent is directed to consider the petitioner's representation dated 19.07.2022 and pass orders on merits in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
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6. With the above direction, this Writ Petition is disposed of. No costs.
16.08.2022 Index :Yes/No ebsi To
1. The Superintendent of Police, Office of the Superintendent of Police, Madurai.
2. The Executive Magistrate/ The Revenue Divisional Officer, Office of the Revenue Divisional Office, Madurai Collectorate, Madurai District.
3. The Inspector of Police, Vadipatti Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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V.SIVAGNANAM., J ebsi 16.08.2022 5/5