Madras High CourtWP(MD)/28387/2024closed

K. Kasilingam v. The State Of Tamil Nadu

2024-11-28Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR K.Kasilingam .. Petitioner Vs

1. The Superintendent of Police Thoothukudi District Thoothukudi

2. The Inspector of Police Ottapidaram Police Station Thoothukudi District 3.Ilayaraja .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to dispose the enquiry proceedings in CSR.NO. 794/2024 dated 23.10.2024 within a stipulated period as may be fixed by this Court. For Petitioner : Mr.J.David Ganesan For Respondents : Mr.A.Thiruvadikumar No.1 &2 Additional Public Prosecutor 1/4

ORDER

This Writ Petition has been filed to direct the second respondent to dispose the enquiry proceedings in CSR.NO. 794/2024 dated 23.10.2024 within a stipulated period as may be fixed by this Court.

2. The petitioner had lodged a complaint against the third respondent Ilayaraja that he is disturbing the petitioner's peaceful possession and enjoyment of the property. Further, the third respondent using the political connection and muscle power interfered with the petitioner's peaceful possession and enjoyment of the petitioner's property. Though the respondent had received the complaint assigned CSR No.794 of 2024 dated 23.10.2024, no further action has been taken and hence, the present petition.

3. The learned Additional Public Prosecutor submitted that on the complaint of the petitioner CSR No.794 of 2024 assigned and the petitioner and the third respondent both were summoned and enquired. Finding that it is purely a civil dispute and the said Ilayaraja has no 2/4

document or any material to show justification of his act, he was advised not to interfere in the petitioner's peaceful possession and enjoyment and to approach the civil Court for his grievance. Further, if he intends to continue to indulge in such activities, proper action would be taken and hence, closed the petition.

4. Recording the same, the petition stands closed. No costs. 28.11.2024 Index: Yes/No Internet : Yes/No aav To

1. The Superintendent of Police Thoothukudi District Thoothukudi

2. The Inspector of Police Ottapidaram Police Station Thoothukudi District

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

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M.NIRMAL KUMAR, J.

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