Chellaiah v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Chellaiah

...Petitioner

Vs.

1.The Superintendent of Police, O/o the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Pallathur Police Station, Sivagangai District.

3.K.Venkatasamy 4.V.Mahalakshmi 5.V.Karthikeyan 6.Nalaraikoti Balu

...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 and 2 herein to take necessary action against the respondents 3 to 6 herein on the basis of the Petitioner's representation, dated 11.10.2022 within the time stipulated by this Court. 1/4

For Petitioner : Mr.C.Jeganathan For R1 - R2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus, to direct the respondents 1 and 2 herein to take necessary action against the respondents 3 to 6 herein on the basis of the Petitioner's representation, dated 11.10.2022 within the time stipulated by this Court.

2.When the case came up for hearing, the learned Additional Public Prosecutor submitted that based upon the complaint given by the Petitioner, the first Respondent held enquiry and the same is pending. The submission of the learned Additional Public Prosecutor is recorded.

3.In view of the above submission made by the learned Additional Public Prosecutor, this Writ Petition is dismissed as not maintainable as per the reported ruling of the Division Bench of this Court in CDJ 2018 MHC 5100, in the case of G.Prabakaran vs The 2/4

Superintendent of Police, Thanjavur District and another. The Petitioner is directed to approach the jurisdictional Magistrate concerned. No costs.

15.11.2022 Index :Yes/No vsd To 1.The Superintendent of Police, O/o the Superintendent of Police, Sivagangai District.

2.The Inspector of Police, Pallathur Police Station, Sivagangai District.

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

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SATHI KUMAR SUKUMARA KURUP, J.

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