P.S.Ashwin v. The Superintendent Of Police, Office Of The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.S.Ashwin ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Madurai District.

3.The Inspector of Police, District Crime Branch Police Station, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to take action based on the petitioner's representation dated 11.11.2025. For Petitioner : Mr.S.Ramsundarvijayraj, Advocate For Respondents : Mr.S.S.Manoj, Government Advocate (Criminal Side)

ORDER

This Writ Petition has been filed to direct the respondents to take action based on the petitioner's representation dated 11.11.2025. 1/6

2. Heard the learned counsel on either side, and perused the materials available on record.

3. It is the case of the petitioner that he has been engaged in the granite quarrying business for more than 15 years. In the year 2023, he was introduced to one Ilangovan, Director of Sunshine Enterprises, Coimbatore, through his friend, one Arulmurugan. The said Ilangovan, along with his son Rajasimman and his wife Shanthi, negotiated a seven-year quarry lease in Thenkaraikottai Village, claiming ownership of the property. They received a sum of Rs.45 lakhs from the petitioner through cash and bank transfers and executed an agreement dated 01.04.2023.

4. Subsequently, the quarry was seized by Canara Bank, and only then the petitioner came to know that Ilangovan and his family had already availed a loan by mortgaging the said property and had defaulted in repayment. When the petitioner questioned them, they expressed regret and demanded a further sum of Rs.15 lakhs to commence quarrying operations in another property claimed to be owned by them. Believing their representations, the petitioner spent several lakhs on preparatory work and machinery. 2/6

5. However, a third party, one Rajesh Iyer, prevented the petitioner from carrying out quarrying operations, stating that the land belonged to him. It is submitted that the said Ilangovan and his family committed fraud upon the petitioner by cheating him to the tune of Rs.1,86,00,000/-. Hence, the petitioner lodged a complaint before the respondent police on 23.01.2025.

6. Thereafter, the said Ilangovan and his family filed a quash petition in Crl.O.P.(MD) No.5792 of 2025 to quash the summons, and this Court closed the said petition as the enquiry had already been conducted and closed. Thereafter, the petitioner submitted a representation dated 11.11.2025 seeking re-investigation of his complaint, for which an acknowledgment was issued; however, no action has been taken so far. Hence, the present petition.

7. Mr.S.S.Manoj, learned Government Advocate (Criminal Side), on instructions, submitted that the petitioner's representation had already been considered and closed on 17.10.2025.

8. Per contra, the learned counsel for the petitioner lamented that how 3/6

could they close the representation without summoning the petitioner for enquiry.

9. In view of the above, the 3rd respondent police is directed to reopen the enquiry, properly summon the petitioner, and after affording opportunities to all parties concerned, conclude the enquiry within a period of two (2) weeks from the date of receipt of a copy of this order.

10. With the above directions, this Writ Petition is disposed of. 03.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes mkn To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Madurai District.

3.The Inspector of Police, District Crime Branch Police Station, Madurai District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

L.VICTORIA GOWRI, J.

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