Rashid Malik v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025
CORAM:
THE HONOURABLE MR.JUSTICE P.DHANABAL W.P.(MD) No.4651 of 2025 Rashid Malik ... Petitioner vs.
1.The Superintendent of Police, Thanjavur.
2.The Deputy Superintendent of Police, Papanasam, Thanjavur.
3.The Inspector of Police, Papanasam Police Station, Thanjavur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the third respondent to take action against the petitioner's representation, dated 04.12.2024, which was taken on file vide CSR.No.912 of 2024.
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For petitioner : Ms.D.Saranya For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor *****
O R D E R
This petition has been filed by the petitioner to direct the third respondent to take action against the petitioner's representation, dated 04.12.2024, which was taken on file vide CSR.No.912 of 2024.
2. Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the respondents.
3. With consent of both parties, this petition is taken up for disposal at the time of admission itself.
4. The learned counsel for the petitioner would submit that the petitioner is the Power Agent of the original owner, who is his mother, namely, Aayisha Beebi, for the land in R.S.No.103/2B and 103/3, situated at Pandaravadai, Papanasam Taluk, Thanjavur, to an extent of 17 cents. Now, the mother of the petitioner, due to old age, is unable to manage the Page No. 2 of 6
property and thereby, the power has been given in favour of the petitioner on 25.10.2024. While so, on 13.11.2024, at about 11.00 a.m., one Mohammed Yasis, along with 10 henchmen trespassed into the house by braking open the door. When the petitioner questioned the same, he threatened the petitioner with dire consequences. Hence, the petitioner lodged a complaint before the third respondent police on 13.11.2024 and they also assigned C.S.R. No.912 of 2024. Thereafter, no action was taken and hence, he filed this petition.
5. The learned Additional Public Prosecutor appearing for the respondents would submit that based on the complaint given by the petitioner, they enquired the matter by assigning C.S.R. No.912 of 2024. On enquiry, it reveals that there is a civil dispute between the parties and a civil suit is also pending before the Court. Therefore, they referred the matter to Sub-Collector, Kumbakonam, for convening Peace Committee meeting to resolve the dispute between the parties. Therefore, the representation of the petitioner dated 13.11.2024 was already considered and now, the same is pending before the Revenue Divisional Officer, Kumbakonam, Thanjure District.
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6. This Court heard both sides and perused the records.
7. The petitioner has filed this petition to consider the representation of the petitioner. According to the respondents, already the representation of the petitioner was considered and closed. Since the representation has already been considered by the third respondent police and now, the matter is under consideration by the District Revenue Officer, Kumbakonam, Thanjure District, the District Revenue Officer is directed to decide the matter, after issuing notice to both the parties in accordance with law. Therefore, if any notice issued to the petitioner from the Revenue Officials, he can appear before the Revenue Officials and thereafter, seek remedy in the manner known to law.
8. With the above said observations and directions, this Writ Petition is disposed of. No costs.
21.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 4 of 6
To 1.The Superintendent of Police, Thanjavur.
2.The Deputy Superintendent of Police, Papanasam, Thanjavur.
3.The Inspector of Police, Papanasam Police Station, Thanjavur.
4.The District Revenue Officer, Kumbakonam, Thanjure.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P.DHANABAL,J apd W.P.(MD) No.4651 of 2025 21.02.2025 Page No. 6 of 6