Kasilingam v. The Director General Of Police

1 W.P.(MD)No.4617 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.4617 of 2018 and W.M.P.(MD).No.4708 o f 2018 Kasilingam ... Petitioner Vs.

1.The Director General of Police, Mylapore, Chennai-6.

2.The Inspector General of Police, South Zone, Madurai.

3.The Superintendent of Police, Ramnad District, Ramnad.

4.The Inspector of Police, Thiruvadanai Police Station, Ramnad District.

5.R.Bhuvaneswari, The Inspector of Police, Thiruvadanai Police Station, Ramnad District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to take necessary action against the fifth respondent on the complaint given by the petitioner dated 27.02.2018.

For Petitioner : Mr.V.Kannan For R-1 to R-4 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.side) For R-5 : No Appearance

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to take action against the fifth respondent / the Inspector of Police, Thiruvadanai Police Station, Ramnad District, based on the complaint given by the petitioner dated 27.02.2018.

2 W.P.(MD)No.4617 of 2018

2. The grievance of the petitioner is that there is a civil dispute between the petitioner and his sisters regarding partition of the family property and also sharing of the compensation awarded in land acquisition proceedings. Based on the complaint given by the petitioner's sister, now the fifth respondent is harassing the petitioner and compelling him to pay the share to one of his sisters. In the above circumstances, the petitioner made a complaint before the respondents 1 to 3 against the fifth respondent herein. But that was not considered by the respondents 1 to 3. Hence, the present Writ Petition has been filed.

3. The fifth respondent has filed a counter affidavit stating that, earlier, there is a dispute between the petitioner and his daughter regarding the partition of the family property and also sharing of the compensation amount. The petitioner's daughter gave a complaint before the fifth respondent. Thereafter, enquiry has been conducted, wherein, the petitioner has given an undertaking that he is liable to pay the share as compensation to his sisters only and not to his daughter. Thereafter, one of the sisters of the petitioner has given a complaint alleging that the petitioner has cheated her and he has not given any share to her. Based on that, the enquiry was conducted, in which, the petitioner and his sisters appeared for the enquiry. During enquiry, they have given a statement that they have resolved their dispute between themselves. Based on the same, the complaint has been closed and the fifth respondent did not threaten the petitioner and she is not supporting the petitioner's sister.

4. Today, a copy of the closure report was filed before this Court. On perusal of the closure report, it is seen that the petitioner and his sister have appeared before the fifth respondent and given a statement that they have resolved their dispute before the concerned Civil Court.

5. Considering the fact that now the complaint against the petitioner has been enquired into and closed, no further adjudication is required in this Writ Petition and the same stands dismissed accordingly. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS)

3 W.P.(MD)No.4617 of 2018 To 1.The Director General of Police, Mylapore, Chennai-6.

2.The Inspector General of Police, South Zone, Madurai.

3.The Superintendent of Police, Ramnad District, Ramnad.

4.The Inspector of Police, Thiruvadanai Police Station, Ramnad District.

+1 CC to Mr.V.KANNAN, Advocate SR-83240.

+1 CC to Mr.N. ANANDA KUMAR, Advocate SR-83438. Order made in W.P.(MD)No.4617 of 2018 Dated:

22.08.2019 CS(09.09.2019) 3P 7C