Madras High CourtWP(MD)/12913/2013disposed of accordingly

S.Kamalam, v. The Superintendent Of Police

2017-12-15Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.12913 of 2013 S.Kamalam ... Petitioner vs.

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

2.The Inspector of Police, Anti Land Grabbing Cell, Office of District Crime Branch, Thirumayam Road, Pudukottai.

3.Harikrishnan The Deputy Superintendent of Police, Anti Land Grabbing Cell, Office of District Crime Branch, Thirumayam Road, Pudukottai.

4.Annadurai 5.A.S.Dhanasamy 6.Thamas Edward ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents 1 and 2 to take necessary action against the respondents 4 to 6 based on the complaint given by the petitioner dated 13/05/2013 in accordance with law within a time frame that may be fixed by this Court and consequently direct the 3rd respondent not to harass the petitioner under the guise of enquiry into her own complaint.

For Petitioner : Mr.P.T.Ramesh Raja For R1 & R2 : Mr.M.Alagathevan Special Government Pleader For R3, R5 & R6 : No appearance For R4 : Mr.K.N.Govardhanan

O R D E R

This writ petition has been filed seeking direction to the respondents 1 and 2 to take necessary action against the respondents 4 to 6, based on the complaint given by the petitioner dated 13.05.2013 in accordance with law within a time frame that may be fixed by this Court and consequently direct the third respondent not to harass the petitioner under the guise of enquiry into her own complaint.

2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader for the respondents 1 and 2 and the learned counsel for the fourth respondent. 3.The case of the petitioner is that she has been in possession and enjoyment of the property situated in Survey No.132-2 at Mathiyanallur, Ariyalur Village, Pudukottai District. While so, she came to know that the said property has been fraudulently sold to some third parties by the respondents 4 and 5 and the fifth respondent, in turn, conveyed the same in favour of the sixth respondent. Hence, the petitioner has preferred a complaint dated 13.05.2013 against the said persons before the first respondent. The first respondent has forwarded the same to the third respondent for taking appropriate action. But the third respondent, under the guise of enquiry on the complaint of the petitioner, started to harass her to withdraw the complaint. Hence, the petitioner is before this Court with the aforementioned prayer.

4.Considering the facts and circumstances of the case, this Court, without going into the merits of the matter, directs the respondents 1 and 2 to consider the complaint given by the petitioner dated 13.05.2013, if not already considered and dispose of the same on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order, after

affording an opportunity of hearing to the petitioner as well as any of the interested parties.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Pudukottai District, Pudukottai.

2.The Inspector of Police, Anti Land Grabbing Cell, Office of District Crime Branch, Thirumayam Road, Pudukottai.

+1cc to M/S.P.T.RAMESH RAJA, Advocate SR.No.92974. W.P(MD) No.12913 of 2013 15.12.2017 mj SDS/SV:MMS/SAR 1/08.01.2018/3P/4C