Madras High CourtWP(MD)/3236/2018dismissed

T.Ravindran v. The Superintendent Of Police

2019-08-09Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.3236 of 2018 and W.M.P.(MD).No.3399 of 2018 T.Ravindran ... Petitioner Vs.

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Sub-Inspector of Police, Eathamozhy Police Station, Kanyakumari District.

3.Mr.Thangaraj ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the first respondent to instruct the third respondent not to conduct enquiry or investigation in any matter with regard to the complaint against the petitioner and to forbear the third respondent to call the petitioner for enquiry, by considering the representation of the petitioner, dated 12.02.2018.

For Petitioner : Mr.S.C.Herold Singh For R1 & R2 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R3 : No appearance

O R D E R

This writ petition has been filed seeking a direction to the first respondent to instruct the third respondent not to conduct any enquiry on the complaint given by the petitioner's brother.

2. According to the petitioner, there is a dispute between the petitioner and his brother regarding management of a temple. Now, based on the complaint given by the petitioner's brother, the third respondent, who is having some personal interest with his brother, is taking steps to conduct enquiry and pass orders in his favour. In the above circumstances, the petitioner sent a representation to the first respondent to direct the third respondent not to conduct any enquiry, based on the complaint given by the petitioner's brother. https://hcservices.ecourts.gov.in/hcservices/

3. The learned Government Advocate (Crl.side) on instructions would submit that there is a dispute regarding management of the temple between the petitioner and his brother. Earlier, the third respondent police has referred the matter to the Revenue Divisional Officer and after enquiry, the Revenue Divisional Officer has also dropped the proceedings under Section 145 of Cr.P.C. That apart, now the management of the temple has also been taken by the Hindu Religious and Charitable Endowment Department.

4. Considering the above circumstances and the fact that already the management of the temple has been taken by the Hindu Religious and Charitable Endowment Department, no further order is necessary in this writ petition. Accordingly, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Sub-Inspector of Police, Eathamozhy Police Station, Kanyakumari District.

+1 CC to Mr.S.C.HEROLD SINGH, Advocate SR-81260. W.P.(MD)No.3236 of 2018 09.08.2019 CS(16.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/