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Madras High CourtWP Crl.(MD)/3149/2026disposed of

Karunanithy v. The Superintendent Of Police

2026-06-16Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.06.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Karunanithy ... Petitioner Vs.

1. State of Tamil Nadu Represented by The Superintendent of Police, Office of the Superintendent of Police, Pudukkottai District.

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Keeranur Sub Division, Pudukkottai District.

3. The Inspector of Police, Mathur Police Station, Pudukkottai District.

4. Saroja

5. Deepak

6. Gana Sampath

7. Suresh Iruthiyaraj

8. Daisy

9. Perumal ... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent No.3 to take appropriate action on the basis of the petitioner's representation dated 07.06.2026 in according with law within the time stipulated by this Court. For Petitioner : Mr.G.Prabhu Rajadurai for Dr.R.Alagumani For Respondents : Mr.S.Arun Rockiasamy (R1 to R3) Government Advocate (Crl.Side) Mr.K.Anandraj (R6 & R7)

ORDER

This petition has been filed seeking for a direction to the third respondent to take appropriate action on the basis of the petitioner's representation dated 07.06.2026 in accordance with law within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner submitted that the the petitioner is a senior citizen, who had purchased immovable properties situated in S.Nos.156/1, 156/5, 156/2, 156/7 and 156/3 in Kumaramangalam Village, Kulathoor Taluk, Pudukkottai District, in the name of the 4th respondent, who is none other than the petitioner's wife, which was later cancelled. The 4th respondent had executed a power of attorney in favour of the fifth respondent, 2/6

who is the petitioner's son with respect to the subject property except 6000 square meters, which is retained by the petitioner on behalf of his daughter. Now, the fifth respondent had in turn sold out the subject property in favour of the 6th & 7th respondents. While so, making use of the petitioner's old age, the private respondents are preventing the access of the petitioner to a portion of property, which is in his possession on behalf of his daughter, and they have also subjected the petitioner to physical abuse. In this regard, the petitioner had made a representation before the respondent police on 07.06.2026. The same is not considered and hence, this writ petition came to be filed.

3. The learned Government Advocate appearing for the respondent police, on instructions, submitted that both parties had already been summoned and a proper enquiry was conducted. Upon completion of the enquiry, the matter was closed on 31.05.2026 on the ground that the dispute was civil in nature. However, it is seen that the petitioner has subsequently submitted another representation dated 07.06.2026 before the respondent police.

4. The learned counsel appearing for respondents 6 and 7 submitted that the dispute between the parties is purely civil in nature and that the respondent police have no role to play in the matter.

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5. Heard the learned counsel on either sides and carefully perused the materials placed before this Court. Considering the nature of the order proposed to be passed against the respondents 6 & 7, notice to them is dispensed with.

6. Considering the fact that the petitioner is a senior citizen and that he is subjected to physical abuse and he had submitted a fresh representation on 07.06.2026, the third respondent police is directed to consider the petitioner's representation dated 07.06.2025 and conduct an enquiry in this regard, after issuing summons to the petitioner and the private respondents and any other parties concerned, under Section 64 of the BNSS, and conclude the same, after affording an opportunity of hearing to them, within a period of four weeks from the date of receipt of a copy of this order.

7. With the above directions, the writ petition stands disposed of. 16.06.2026 NCC : Yes / No Index : Yes / No sm 4/6

TO:-

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

2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Keeranur Sub Division, Pudukkottai District.

3. The Inspector of Police, Mathur Police Station, Pudukkottai District.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 16.06.2026 6/6