Madras High CourtWP(MD)/21005/2021dismissed

Santha Rajagopal v. The Superintendent Of Police

2021-12-02Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN WP(MD)No.21005 of 2021 Santha Rajagopal ... Petitioner vs.

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Kottar Police Station, Kanyakumari District.

3.S.K.Babu 4.U.Chellappa Devar ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to consider the petitioner's representation dated 19.11.2021 and to take appropriate action within the period that may be stipulated by this Court.

For Petitioner : Mr.Hendri Tiphagne For Respondents : Mr.T.Senthilkumar, Additional Public Prosecutor

ORDER

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

2.The case of the petitioner is that the second respondent has not taken any action as per the petitioner's complaint dated 19.11.2021. The specific case of the petitioner is that she is a tenant occupying the petition mentioned premises and that it has been broken open and that articles have been stolen. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

petitioner has an effective remedy under Section 156(3) of Cr.PC. Therefore, the question of invoking Section 482 of Cr.Pc does not arise at all. Leaving open all the contentions and remedies of the petitioner, this writ petition is dismissed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) skm 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 Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Kottar Police Station, Kanyakumari District.

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

WP(MD)No.21005 of 2021 02.12.2021 RK(21/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2