K.Palaneeswari v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.18784 of 2024 K.Palaneeswari
...Petitioner
Vs.
1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
2.The Deputy Superintendent of Police, Anti Land Grabbing Cell, Office of the Superintendent of Police, Dindigul District.
3.The Inspector of Police, Batlagundu Police Station, Batlagundu, Dindigul District.
4.R.Panjammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to change of investigation on the petitioner's complaint dated 26.04.2024 from the file of second respondent to some other agency. 1/6
For Petitioner : Mr.S.Atham Ali For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor
ORDER
The Writ Petition has been filed seeking orders to direct the first respondent to change of investigation on the writ petitioner's complaint dated 26.04.2024 from the file of second respondent to some other agency.
2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 to 3.
3. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that the writ petitioner's father has earlier given a complaint before the third respondent and on that basis, CSR No.409 of 2024 came to be registered on 23.04.2024 and the same was ordered to be closed on 08.08.2024 directing both the parties to approach the competent civil Court and that thereafter the writ petitioner has given a complaint before the second respondent and since the writ 2/6
petitioner has reiterated the very same allegations levelled by her father, the writ petitioner's complaint was forwarded to the third respondent for further enquiry and the same is pending.
4. The learned counsel appearing for the writ petitioner would submit that the fourth respondent's father has appeared before the third respondent and gave an undertaking that he would not interfere with the writ petitioner's peaceful possession and enjoyment of the property in dispute and that even thereafter they have been interfering with the writ petitioner's possession and also pelted stones during night hours.
5. Considering the submissions made on either side, the third respondent is directed to consider the writ petitioner's complaint dated 26.04.2024 and issue written summons to the writ petitioner and to the private respondent for causing their appearance before him for enquiry and there is no question of orally summoning the parties to the police station and thereafter the third respondent is directed to conduct enquiry and conclude the same within a period of two weeks from the date of receipt of a copy of this order.
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6. With the above directions, the Writ Petition stands disposed of. No costs.
08.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
2.The Deputy Superintendent of Police, Anti Land Grabbing Cell, Office of the Superintendent of Police, Dindigul District.
3.The Inspector of Police, Batlagundu Police Station, Batlagundu, Dindigul District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.18784 of 2024 Dated : 08.08.2024 6/6