M. Vaithilingam v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.24983 of 2024 M.Vaithilingam

...Petitioner

Vs.

1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The State rep. by The Inspector of Police, Alangulam Police Station, Tenkasi District.

3.P.N.Abraham 4.Sundara Mahalingam ... 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 more particularly the second respondent to consider the petitioner's representation dated 23.09.2024 and pass appropriate orders on merits and in accordance with law as against the respondents 3 and 4 for the crime as they committed forthwith. 1/4

For Petitioner : Mr.S.Palanivelayutham For R1 & R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed seeking orders to direct the respondents 1 and 2 more particularly the second respondent to consider the writ petitioner's representation dated 23.09.2024 and pass appropriate orders on merits and in accordance with law as against the respondents 3 and 4 for the crime as they committed forthwith.

2. Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor takes notice for the respondents 1 and 2. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel appearing for the writ petitioner would submit that the property in dispute is the ancestral property of the writ petitioner, that the private respondents are strangers and that since the private respondents are interfering with the writ petitioner's possession, the writ petitioner was constrained to lodge a complaint. 2/4

4. The learned Additional Public Prosecutor appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the writ petitioner, enquiry is pending in current paper.

5. Considering the above, the second respondent is directed to issue notice to the writ petitioner as well as to the private respondents and conduct enquiry and pass orders within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

23.10.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Alangulam Police Station, Tenkasi District.

3/4

K.MURALI SHANKAR, J csm 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in W.P.(MD)No.24983 of 2024 Dated : 23.10.2024 4/4