Muthuramalingam v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.25775 of 2024 Muthuramalingam

...Petitioner

Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Revenue Divisional Officer, Narasingampatti, Melur Taluk, Madurai District.

3.The Tahsildar, Madurai South, Collectorate Campus, Madurai District.

4.The Inspector of Police, C-2 Subramaniapuram Police Station, Madurai City-625 003.

5.Saravana Perumal 6.Sumathi

...Respondents

1/5

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 4, particularly the second respondent to initiate proceedings under Section 163 of BNSS, 2023 against the respondents 5 & 6 and their henchmen. For Petitioner : Mr.R.Murugappan For R1 & R4 : Mrs.Aasha Government Advocate(Crl.side) For R2 & R3 : Mr.M.Senthil Ayyanar Government Advocate For R5 : Mr.S.Karthick Ramkumar

O R D E R

This writ petition has been filed for a direction directing the respondents 1 to 4 to take action against the respondents 5 & 6 for their illegal activities.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The petitioner owned the property comprised in S.No.515/10A1A1 to an extent of 9 1/4 cents, situated at Avaniyapuram Village, Madurai South 2/5

Taluk, Madurai District. While being so, the respondents 5 & 6 are threatening the petitioner, as if they are also claiming right over the property, with deadly weapons. Therefore, the petitioner lodged a complaint before the fourth respondent. The fourth respondent conducted an enquiry and closed the complaint as it is a civil in nature. That apart, the petitioner also filed a suit in O.S.No.143 of 2024 before the District Munsif Court, Madurai as against the respondents 5 & 6 for declaration and permanent injunction and the same is pending without any interim order.

5. In view of the above, this Court finds no merit in this writ petition and the writ petition is devoid of merits and it is liable to be dismissed. Accordingly, the writ petition is dismissed with liberty to the petitioner to work out his remedy before the Civil Court. No costs. Consequently, connected miscellaneous petition is closed.

Internet : Yes Index : Yes/No 18.12.2024 Speaking/Non Speaking order am 3/5

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Revenue Divisional Officer, Narasingampatti, Melur Taluk, Madurai District.

3.The Tahsildar, Madurai South, Collectorate Campus, Madurai District.

4.The Inspector of Police, C-2 Subramaniapuram Police Station, Madurai City-625 003.

4/5

G.K.ILANTHIRAIYAN, J.

am 18.12.2024 5/5