Madras High CourtWP(MD)/12217/2018dismissed

Anthony Selvi, v. The Superintendent Of Police

2019-07-18Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.12217 of 2018 Anthony Selvi : Petitioner

Versus

1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Srivaikundam Division, Thoothukudi District.

3.P.Amalorpavom, The Sub Inspector of Police, Srivaikundam All Women Police Station, Thoothukudi District.

: Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take appropriate action as against the third respondent in the Act of misusing the official powers on the basis of the representation dated 24.04.2018.

For Petitioner : Mr.J.David Ganesan For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking a direction to the first and second respondents to take appropriate action as against the third respondent, who is the Sub Inspector of Police, Srivaikundam All Women Police Station, Thoothukudi District, on the basis of the representation dated 24.04.2018.

2. The grievance of the petitioner is that, she is a tenant under one Anthony, and the landlord has taken steps to illegally evict the petitioner. Hence, she filed a complaint before the third respondent police. But the third respondent, without conducting any proper investigation on the complaint, is supporting the landlord. In the above circumstances, the petitioner filed a representation before the first and second respondents to take https://hcservices.ecourts.gov.in/hcservices/

suitable action against the third respondent. The said representation was not considered so far. Hence, the present Writ Petition has been filed.

3. Today, when the matter came up for hearing, the learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that based on the complaint given by the petitioner, a crime has been registered against the landlord and others in Crime No.7 of 2018 for the offences under Sections 147, 294(b), 506(2) of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. After investigation, final report has also been filed and it was taken cognizance by the learned Judicial Magistrate No.III, Srivaikundam and the same is pending in C.C.No.340 of 2018.

4. Now, the complaint given by the petitioner has been enquired into and final report was also filed and as such, the allegation made against the third respondent that he is not conducting any investigation is not correct. In the above circumstances, the relief sought for by the petitioner cannot be granted. Hence, the Writ Petition is dismissed. No costs. Sd/- Assistant Registrar(Records) // True Copy // Sub Assistant Registrar(CS) SML To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Srivaikundam Division, Thoothukudi District.

3.P.Amalorpavom, The Sub Inspector of Police, Srivaikundam All Women Police Station, Thoothukudi District.

Order made in W.P.(MD)No.12217 of 2018 Dated:- 18.07.2019 sss(CO) TR (01.08.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/