Abdulmalik S v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2023

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR and W.M.P.(MD).Nos.16198 and 16202 of 2021 S.Abdulmalik ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Pattukottai Circle, Thanjavur District.

3.The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

4.I.Abdul Kareem

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 1 to 3 to take action against the 4th respondent based on the complaint given by the petitioner dated 21.10.2021 and to provide adequate police protection to the petitioner. 1/5

For Petitioner : Mr.S.Ramsundarvijayraj For R-1 to R-3 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For R-4 : Mr.D.Pandiarajan

ORDER

The petitioner lodged a complaint against the fourth respondent herein before the Inspector of Police/third respondent herein. Since no action was taken thereafter, he sent a representation to the higher officials, namely, the first and second respondents herein. Despite the same, no action was taken. Hence, the petitioner has filed this Writ Petition.

2. The contention of the petitioner is that there is a civil dispute between the petitioner and one Abdul Kareem/fourth respondent and his sons in O.S.No.42 of 2019, which is pending before the Additional District Court, Pattukottai. By the inaction of the police, getting emboldened, the counter parties had caused damage to the petitioner's property and his tenant's coconut business and obstructing the business of the tenant. They were using bulldozer and muscle men for the same.

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3. The learned Additional Public Prosecutor appearing for the respondent Police submitted that based on the petitioner's complaint, C.S.R.No.684 of 2021 dated 21.10.2021 was assigned, both the petitioner and the counter parties, fourth respondent and his sons were called for enquiry. He further submitted that the dispute was resolved stating that already a civil suit in O.S.No.42 of 2019 is pending before the Additional District Court, Pattukottai and they would seek their request through the civil suit or else through their Jamath and gave written undertaking before the respondent Police. The written undertaking and the report are produced before this Court.

4. In view of the above submission, since the petitioner's complaint was enquired and closed, nothing survives in this Writ Petition. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 13.09.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

2.The Deputy Superintendent of Police, Pattukottai Circle, Thanjavur District.

3.The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

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

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M.NIRMAL KUMAR , J.

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