Madras High CourtWP(MD)/16376/2013disposed of

Sasikala v. The Superintendent Of Police,

2015-11-19Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2015

CORAM

THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN W.P(MD)No.16376 of 2013 Sasikala .. Petitioner Vs 1.The Superintendent of Police, Tirunelveli Office at Playamkottai 2.Inspector of Police, Suthamalli, Tirunelveli District.

3.The Secretary to Government (Home Department) State of Tamil Nadu, Secretariat, St.George Fort, Chennai.

.. 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 to complete the investigation after recovery of petitioner's properties as early as possible and also direct the 3rd respondent to pay compensation of a sum of Rs.2,00,000/- to the petitioner, which is the value of property involved in the crime. For Petitioner : Mr.V.Kannan For Respondents : Mr.D.Muruganandam (For R1 to R3) Addl.Govt.Pleader

O R D E R

This Writ Petition has been filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to complete the investigation after recovery of petitioner's properties as early as possible and also direct the 3rd respondent to pay compensation of a sum of Rs.2,00,000/- to the petitioner, which is the value of property involved in the crime. 2.Mr.V.Kannan, learned counsel appearing for the petitioner would submit that though the incident took place in the year 2012, still the respondent police has not taken any effective steps to recover the https://hcservices.ecourts.gov.in/hcservices/

properties in question, therefore, the petitioner has come forward with the aforesaid relief.

3. Mr.D.Muruganandam, learned Additional Government Pleader appearing for the respondents would submit that a special team has been formed to recover the stolen properties from the accused. Adding further he would submit that one of the accused has been arrested and based on his confession it would reveal that two other accused involved in the said crime and the said property has been handed over to the one Shanmugam and the said Shanmugam along with others used to share the amount. He also submitted that the investigation is under progress and once the accused are arrested, the stolen property will be recovered.

4. I have heard the learned counsel appearing on either side and perused the materials available on record.

5. As rightly pointed out by the learned counsel appearing for the petitioner, the incident took place in 2012 and the matter is pending for three years without any progress, I am inclined to direct 2nd respondent to secure the accused and complete the investigation as expeditiously as possible, preferably, within a period of two months from the date of receipt of a copy of this order. I also directs the 1st respondent to monitor the investigation and ensure that the accused is secured.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The Superintendent of Police, Tirunelveli Office at Playamkottai 2.Inspector of Police, Suthamalli, Tirunelveli District.

3.The Secretary to Government (Home Department) State of Tamil Nadu, Secretariat, St.George Fort, Chennai.

+1cc to Mr.V.Kannan, Advocate SR.No.66350 +1cc to The Special Government Pleader, Madurai. SR.No.66514 W.P(MD)No.16376 of 2013 19.11.2015 MPK NS/SK-SKN/27.11.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/