Madras High CourtWP(MD)/22235/2022disposed of

Jaya Mary.J.R v. The Superintendent Of Police

2022-09-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.09.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.ILANGOVAN J.R.Jeya Mary ... Petitioner Vs

1. The Superintendent of Police, The Kanyakumari District.

2.The Inspector of Police, Anti-land Grabbing Special Cell, Nagercoil, Kanyakumari District. ... Respondent 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 take action on my complaint dated 22.08.2022 under the criminal law in the light of the dictum laid down by the Hon'ble Supreme Court of India in the case of Lalita Kumari Vs.Government of Uttar Pradesh & Others reported in (2014) 2 SCC 1. For Petitioner : Mr.R.Anand For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

O R D E R

This writ petitioner filed this Writ Petition seeking issuance of a Writ of Mandamus, directing the second respondent to take action on the basis of the petitioner's complaint, dated 22.08.2022. 2.The grievance of the petitioner is that even though the above said complaint was given by him even after a lapse of month, there was no progress in the enquiry.

3.The respondent police is present before this Court and produced the enquiry file.

4.Perusal of enquiry file shows that enquiry has been undertaken in S.P.No.3570 of 2022 by Deputy Superintendent of Police, Nagercoil and during the course of enquiry, documents pertaining to the above said disputed property called for from both the parties. After perusing of documents, it was found that for very same property, two pattas have been issued. So, letter has been addressed to the concerned Tahsildar as well as the Surveyor. Enquiry has been undertaken in the proper manner. 2/4

5.Since enquiry was undertaken by the respondent, further direction to the second respondent herein to complete the process of enquiry within a period of 3 months and depending upon the outcome of the enquiry, further action may be taken.

6.With the above direction, this writ petition is disposed of. No cost.

29.09.2022 Index :Yes/No Internet:Yes/No dss To

1. The Superintendent of Police, The Kanyakumari District.

2.The Inspector of Police, Anti-land Grabbing Special Cell, Nagercoil, Kanyakumari District.

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

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G.ILANGOVAN, J., dss 29.09.2022 4/4