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Madras High CourtWP(MD)/14565/2013disposed of

P.Thiru Murugan, v. The Superintendent Of Police,

2018-03-05Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 05.03.2018 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.14565 of 2013 and M.P(MD).Nos.1 & 2 of 2013 P.Thiru Murugan .. Petitioner -Vs1.The Superintendent of Police, Tirunelveli.

2.The Sub-Inspector of Police, Moondradaippu Police Station, Tirunelveli District.

3.The Inspector General of Registration, Santhome, Chennai.

4.The Sub-Registrar, Moolaikaripatti, Tirunelveli District.

5.Thankachan Kolanchery 6.Atul Bhasin 7.Rajiah 8.Anit Emarson ... Respondents Prayer :

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to conduct enquiry and register the case on the basis of the petitioner's complaint, dated 30.11.2008. For petitioner : Mr.H.Arumugam For Respondents 1 to 4 : Mr.Aayiram K.Selvakumar Additional Government Pleader For Respondent 8 : Mr.T.Arul For Respondents 5 & 6 : Dismissed vide Court order dated 30.11.2015 For Respondent 7 : No Appearance

O R D E R

This Writ petition has been filed seeking a direction to the respondents 1 and 2 to conduct enquiry and register the case on the basis of the petitioner's complaint, dated 30.11.2008. https://hcservices.ecourts.gov.in/hcservices/ 2.Heard Mr.H.Arumugam, the counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar, the Additional Government

Pleader, appearing for the Respondents 1 to 4 and Mr.T.Arul, the counsel appearing for the respondent No.8.

3.According to the petitioner, he has lodged a complaint against the respondents 5 to 8 on the ground that they have involved in some transaction in the property in dispute. 4.Earlier notice was ordered to the respondent. Today, when the matter is taken up for hearing, the learned counsel appearing for the respondents 1 and 2 on instructions has submitted that already the petitioner's complaint dated 30.11.2008 has been enquired by the 2nd respondent and closed by an order, dated 30.11.2017, on the ground that in respect of the same allegations criminal cases are pending before the District Crime Branch, Tirunelveli and an enquiry is pending before the Tahsildar, and copy of the report also produced before this Court. In the above circumstances, since the complaint given by the petitioner has been enquired into and closed, the prayer sought for in the writ petition cannot be granted at this stage.

5.In the result, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli.

2.The Sub-Inspector of Police, Moondradaippu Police Station, Tirunelveli District.

3.The Inspector General of Registration, Santhome, Chennai.

4.The Sub-Registrar, Moolaikaripatti, Tirunelveli District.

+1CC TO M/S.T.ARUL, ADVOCATE, SR NO.53476 +1CC TO M/S.H.ARUMUGAM, ADVOCATE, SR NO.53256 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.53317 Writ Petition (MD)No.14565 of 2013 and M.P(MD).Nos.1 & 2 of 2013 05.03.2018 TM MS/SKN-RSK/SAR-1/26.03.2018/2P.8C https://hcservices.ecourts.gov.in/hcservices/