Madras High CourtWP(MD)/18258/2021disposed of

Banumathy v. The Superintendent Of Police

2021-10-06Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2021

CORAM

THE HONOURABLE MR. JUSTICE G.ILANGOVAN W.P.No.18258 of 2021 Banumathy .. Petitioner Vs.

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

2.The Inspector of Police, Gandharvakottai Police Station, Gandharvakottai Taluk, Pudukottai District.

3.Puviarasan 4.Duraikannu 5.Anbarasan 6.Marikannu 7.Ganesan .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent police to take necessary action against the 3rd to 7th respondents illegally broke through the petitioner's shop and damaged her properties therein and also for assaulting her based on her representation dated 27.08.2021.

For Petitioner : Ms.A.Banumathy For R1 & R2 : Mr.R.M.S.Sethu Raman Additional Public Prosecutor

ORDER

(This writ petition is heard through video conference) This writ petition has been filed for issuance of Writ of Mandamus, directing the 1st respondent police to take necessary action against the 3rd to 7th respondents based on her representation dated 27.08.2021.

2.When the matter is taken up for hearing the learned Additional Public Prosecutor submitted that based upon the complaint given by the petitioner enquiry was undertaken in C.No.300 of 2021 1/3

and during the course of enquiry, it was found that the petitioner was evicted from the premises by the officials namely Tahsildar and Revenue Divisional Officer. During the process of eviction, video was also taken and key was also handed over to the mother of the 7th respondent herein. Hence, the petition was closed and the closure report was also circulated.

3.But the learned counsel for the petitioner submitted that illegal criminal tress pass has been made not only by the officials, but also by the private respondent and they have also damaged the articles worth about Rs.1 Lakh.

4.But however, since the complaint given by the petitioner is closed, he has to workout his remedy through proceedings. The petitioner may get the copy of the closure report from the office of the Additional Public Prosecutor.

5.With the above directions, this writ petition is disposed of as infructuous. No costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) TM Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Gandharvakottai Police Station, Gandharvakottai Taluk, Pudukottai District.

2/3

3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai 06.10.2021 NSN(CO) KB(27.10.2021) 3P 4C 3/3