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Madras High CourtWP(MD)/20900/2023disposed of

A.Jahir Hussain v. The Superintendent Of Police

2023-08-29Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN A.Jahir Hussain ... Petitioner Vs.

1.The Superintendent of Police, Special Section Land Grabbing, Ramanathapuram District.

2.The Inspector of Police, Special Section Land Grabbing, District Police Office, Ramanathapuram District. 3.Kalil Ahamed 4.E.K.Mohamed Sithq 5.E.K.Seenibeer ..Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first and second respondents to consider and conduct proper enquiry upon the petitioner's complaints dated 12.04.2023 and 30.06.2023 and dispose the same within the time frame that may fixed by this Court.

For Petitioner : Mr.K.Saravanan For R1 & R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.side) 1/4

O RDER This petition is filed under Article 226 of the Constitution of India seeking for a Mandamus to the respondent Police to complete the enquiry filed by the petitioner on 12.04.2023 and 30.06.2023

2. According to the petitioner, the unofficial respondents have forcibly obtained the signature of the petitioner on 18.01.2022 on a compromise agreement deed on Rs.100/- stamp paper. The complaint of the petitioner is that the respondent Police have not been reacting to the complaints filed by the petitioner and not taking any action against the unofficial respondents.

3. Learned Government Advocate (Criminal Side), on the other hand, submits that, the complainant has approached the respondent Police belatedly and there is no record available with the respondent Police in respect of earlier complaint which is filed by the petitioner. The petitioner has also brought to the notice of this Court that the respondent Police have issued a notice, dated 26.04.2023 to him to appear on a complaint given by the unofficial respondents and the petitioner has also appeared for the enquiry. Learned Government 2/4

Advocate (Criminal Side) further submits that when the enquiry is being initiated in respect of the complaint made by the petitioner, the petitioner appeared before the respondent Police submitted that he will file a case before appropriate Court and get orders.

4. In view of the submissions made by both sides and on perusal of the records, since the complaints filed by the petitioner are still pending before the respondent Police, respondent Police are directed to complete the enquiry as per law and dispose of the complaints as quickly as possible not later than two weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition is disposed of. No costs.

Speaking : Yes / No 29.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No tsg 3/4

DR.D.NAGARJUN. J.

tsg To 1.The Superintendent of Police, Special Section Land Grabbing, Ramanathapuram District.

2.The Inspector of Police, Special Section Land Grabbing, District Police Office, Ramanathapuram District.

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

W.P.(MD)No.20900 of 2023 29.08.2023 4/4