S.Balakrishnan v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.08.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN S.Balakrishnan ... Petitioner Vs.

1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli.

2.The Inspector of Police, C1 Police Station, Palayamkottai, Tirunelveli.

3.M.D.Uththiranayagam ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct preliminary enquiry based on the petitioner's complaint dated 17.08.2023 in accordance with law.

For Petitioner : Mr.S.Saravana Kumar For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (crl.side) 1/4

O R D E R

This Writ Petition is filed seeking for a Mandamus to the respondents Police to dispose of the petition filed by the petitioner dated 17.08.2023 against the respondent No.3 who is a practicing advocate and has been tenant of the petitioner's house.

2. It is submitted by the learned counsel appearing for the petitioner that a suit is pending between the petitioner and the third respondent wherein the petitioner sought for eviction of the third respondent from the scheduled premises. It is submitted that the respondent No.3 has filed a false complaint, basing on which, the respondents Police, though have registered an FIR against the petitioner, have not taken any action in respect of the petition filed by the petitioner.

3. The learned Government Advocate (criminal side) appearing for the official respondents submits that the complaint of the petitioner dated 17.08.2023 is pending and the enquiry is being taken up and that within a short time, they will complete the enquiry. 2/4

4. Considering the submissions made by the learned counsel appearing for the petitioner and the undertaking given by the Government Advocate (criminal side) appearing for the official respondents, this Writ Petition is disposed of directing the respondents Police to complete the enquiry in the complaint dated 17.08.2023 given by the petitioner as quickly as possible not later than two weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 28.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb To 1.The Assistant Commissioner of Police, Palayamkottai, Tirunelveli.

2.The Inspector of Police, C1 Police Station, Palayamkottai, Tirunelveli.

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

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DR.D.NAGARJUN,J ssb Dated:28.08.2023 4/4