Kandasamy.P v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI P.Kandasamy ... Petitioner Vs.

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Vedasanthur Police Station, Dindigul District.

... Respondents Prayer:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to initiate appropriate criminal action under the relevant provisions of law on the representation of petitioner dated 15.07.2022 lodged before the first respondent herein within a stipulated time as prescribed by this Court.

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For Petitioner :Mr.A.Chandrakumar For Respondents : Mr.B.Nambiselvan Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to direct the second respondent to initiate criminal action under the relevant provision of law based on the representation of the petitioner dated 15.07.2022 made before the first respondent herein.

2. The learned counsel appearing for the petitioner submits that the house constructed by the petitioner in his property was demolished by his wife and the household articles were stolen. Hence, the petitioner made a complaint on 15.07.2022, however, no action was taken. Hence, this Writ Petition has been filed.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents Police submits that it is a matrimonial dispute between the petitioner and his wife and initially, the petitioner has made a complaint on 12.06.2022 and 2/5

the matter was compromised between the petitioner and his wife and the complaint was closed on 15.06.2022. Thereafter, the petitioner has made the present complaint on 15.07.2022.

4. From the submissions made by the learned Additional Public Prosecutor appearing for the respondents, it appears that it is a matrimonial dispute between the petitioner and his wife and the earlier complaint made by the petitioner was closed on 15.06.2022, based on the compromise entered into between the parties and thereafter, the present complaint was filed by the petitioner. Instead of filing the complaints repeatedly before the Law Enforcing Agency, the petitioner may approach the competent Court for redressal of his grievance. This Court is not inclined to issue any direction to the second respondent to initiate action.

5. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

09.02.2024 ssb NCC:Yes/No Index:Yes/No Internet:Yes/No 3/5

To:

1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Vedasanthur Police Station, Dindigul District.

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

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M.DHANDAPANI,J.

ssb W.P.(MD)No.18848 of 2022 09.02.2024 5/5