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Madras High CourtWP(MD)/19336/2024disposed of

S.Ponnusamy v. The Commissioner Of Police

2024-08-13Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.19336 of 2024 S.Ponnusamy

...Petitioner

Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli District.

4.Jothi Meenakshi 5.I.S.K.Sailesh ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider petitioner's representations dated 24.08.2021 and 27.01.2022 and pass orders on merits and in accordance 1/4

with law by registering a crime as against the respondents 4 and 5 forthwith.

For Petitioner : Mr.S.Palanivelayutham For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed seeking orders to direct the second respondent to consider the writ petitioner's representations dated 24.08.2021 and 27.01.2022 and pass orders on merits and in accordance with law by registering a crime as against the respondents 4 and 5.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 to 3. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. Admittedly, the writ petitioner is the brother of the fourth respondent and the fifth respondent is the son of the fourth respondent.

4. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 would submit that the dispute is between the brother 2/4

and sister and that on the basis of the complaint given by the writ petitioner dated 24.08.2021, CSR came to be registered and is pending from 2021.

5. Considering the long pendency, the third respondent is directed to issue written summons to the writ petitioner and to the private respondents 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 by considering the writ petitioner's complaint dated 24.08.2021 and conclude the same within a period of two weeks from the date of receipt of a copy of this order.

6. With the above directions, the Writ Petition stands disposed of. No costs.

13.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm 3/4

K.MURALI SHANKAR, J csm To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Assistant Commissioner of Police, Tirunelveli City, Tirunelveli.

3.The Inspector of Police, Palayamkottai Police Station, Palayamkottai, Tirunelveli District.

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

Order made in W.P.(MD)No.19336 of 2024 Dated : 13.08.2024 4/4