S.Syed Mohammed v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.23749 of 2024 and W.M.P.(MD)No.20113 of 2024 S.Syed Mohammed

...Petitioner

Vs.

1.The Superintendent of Police, Superintendent of Police Office, 2.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Tenkasi.

3.The Inspector of Police, Kadayam Police Station, 4.The Inspector of Police, Alwarkurichi Police Station, 5.Syed Ibrahim 6.Sulaikal Beevi 1/6

7.Arunsiva ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 4 herein not to interfere with the civil dispute pertaining to the property in Survey No.1403(1B2I), and Survey No.1403(1B2H) in Alwarkurichi Village, Kadayam Taluk, Tenkasi District by considering petitioner's representation by way of reply dated 20.09.2024 sent to the respondents 1 and 3.

For Petitioner : Mr.R.Murugan For R1 to R4 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed seeking orders to direct the respondents 1 to 4 not to interfere with the civil dispute pertaining to the property in Survey No.1403(1B2I) and Survey No.1403(1B2H) in Alwarkurichi Village, Kadayam Taluk, Tenkasi District by considering writ petitioner's representation by way of reply dated 20.09.2024 sent to the respondents 1 and 3.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 to 4. By consent, this writ 2/6

petition is taken up for final disposal at the admission stage itself.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 to 4 would submit that on the basis of the complaint given by the seventh respondent, enquiry is pending in current paper and that though the writ petitioner was directed to appear, he has not turned up.

4. At this juncture, the learned counsel appearing for the writ petitioner would submit that the writ petitioner is ready to appear before the respondent police on receipt of summons.

5. Considering the above, the following directions are issued:- "(a) The third respondent will issue written summons to the writ petitioner and to the private respondents for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

(b) The third respondent will conclude the enquiry within a period of two weeks from the date of receipt of a 3/6

copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the second respondent proposes to register any FIR, the writ petitioner will be given notice of the same so that the writ petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail."

6. With the above direction, the Writ Petition stands disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 04.10.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Superintendent of Police, Superintendent of Police Office, 2.The Deputy Superintendent of Police, Deputy Superintendent of Police Office, Tenkasi.

3.The Inspector of Police, Kadayam Police Station, 4/6

4.The Inspector of Police, Alwarkurichi Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.23749 of 2024 and W.M.P.(MD)No.20113 of 2024 Dated : 04.10.2024 6/6