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Madras High CourtWP(MD)/20778/2021disposed of

Sudhanthiradevi.P v. The Principal Secretary To Government

2021-11-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)No.17391 of 2021 P.Sudhanthiradevi ... Petitioner Vs.

1.The Principal Secretary to Government, State of Tamilnadu, St. George Fort, Chennai.

2.The Director General of Police, Tamilnadu Police Department, Chennai.

3.The District Collector, 4.The Inspector general of Police, Central Zone, 5.The Deputy Inspector General of Police, Trichy Region, 6.The Superintendent of Police, Trichy District, 7.The Deputy Superintendent of Police, Lalgudi Region, 8.The Inspector of Police, Siruganur Police Station, Lalgudi Region, 1/4

9.T.Shanmugam 10.Manivannan 11.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, 12.The Inspector of Police, Anti land Grabbing Special Cell, ... Respondents Prayer: Writ Petition is filed under Article 226 Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 8, 11 and 12 to take necessary action over the respondents 9 and 10, based on the representations made by the petitioner on 01.10.2021 and 04.10.2021 and subsequently direct the first respondent to adequately compensate for the loss suffered by the petitioner. For Petitioner : Mr.M.Gururaj For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 to R8, R11 and R12

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the official respondents.

2. The petitioner had already filed W.P.(MD).No.16176 of 2020. The prayer in the said writ petition is for directing the official respondents 9 and 10 for awarding compensation of Rs.10,00,000/- (Rupees Ten Lakhs only) to the petitioner herein. After detailed consideration, the said writ petition was dismissed by the order dated 07.09.2021. The petitioner has filed this writ petition seeking the very same relief on the very same cause of action. The learned counsel for the petitioner alleges that on the earlier occasion, the respondents have suppressed material facts. If that be so, the only remedy open to the petitioner is either to seek review or proceed against the persons who made false representation for contempt.

3. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that based on the petitioner's complaint Crime No.637 of 2021 was registered against as many as 10 persons. The 9th respondent herein is figuring as first accused in Crime No.637 of 2021. Considering the overall facts and circumstances, even though the FIR was registered only on 2/4

14.11.2021, the investigation officer is directed to file the final report on merits and in accordance with law within three months. The other remedies of the petitioner are left open. The disposal of this writ petition will not come in the way of the petitioner from claiming compensation before the jurisdictional Civil Court.

4. With this direction to the 8th respondent, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

Sd/- Assistant Registrar(CO) // True Copy // / /2021 Sub Assistant Registrar(CS) mga/csm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Principal Secretary to Government, State of Tamil Nadu, St. George Fort, Chennai.

2.The Director General of Police, Tamilnadu Police Department, Chennai.

3.The District Collector, 4.The Inspector general of Police, Central Zone, 5.The Deputy Inspector General of Police, Trichy Region, 3/4

6.The Superintendent of Police, Trichy District, 7.The Deputy Superintendent of Police, Lalgudi Region, 8.The Inspector of Police, Siruganur Police Station, Lalgudi Region, 9.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, 10.The Inspector of Police, Anti land Grabbing Special Cell, 11.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to The Judicial Magistrate, Lalgudi.

and W.M.P(MD)No.17391 of 2021 30.11.2021 NSN(CO) TR(09.12.2021) 4P 13C 4/4