Madras High CourtWP(MD)/31013/2024disposed of

Rahamathullah @ Raana v. The Superintendent Of Police

2024-12-20Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Rahamathulah @ Raana : Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Trichy.

2.The Inspector of Police, Thuravankurishi Police Station, Trichy.

: Respondents PRAYER : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents to take necessary action on the basis of the petitioner's representation dated 05.12.2024 within the time stipulated by this Court. For Petitioner : Mr.S.Paul Murugesh For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

The petitioner lodged a complaint to the respondent police seeking to take action against Rafic Ali and Kadhar Ali. Except assigning CSR 1/5

number, no action has been taken. The petitioner is running mobile shop and counter petitioners are demanding exorbitant interest for small loan amount, which was resisted by the petitioner. Hence, they are not permitting the petitioner to continue with the business and they locked the petitioner's shop, thereby, the petitioner's livelihood is at stake. The petitioner collected CCTV recording showing the counter petitioners forcibly locked the petitioner's shop and not allowing the petitioner to continue with his business, but the respondent police have not taken action in this regard.

2. The learned Additional Public Prosecutor appearing for the respondent police, on instructions, would submit that the petitioner's grievance that he was forcibly thrown out from the shop, locked the shop and not permitted to continue with business, would be considered by analyzing CCTV recording. The petitioner can appear before the respondent police on 26.12.2024, without fail along with supporting materials.

3. The learned counsel for the petitioner on instructions would submit that the petitioner will appear on 26.12.2024 before the respondent police.

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4. In view of the above, the petitioner to appear before the respondent police on 26.12.2024 for enquiry, on that day, the presence of the counter-petitioners should be ensured by the respondent police and thereafter, conclude the same, within two months. It is made clear that whatever may be the dispute, the counter-petitioners have no right to forcibly close the shop of the petitioner and deny the petitioner to run shop.

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

20.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk NOTE: Issue order copy on 20.12.2024 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Trichy.

2.The Inspector of Police, Thuravankurishi Police Station, Trichy.

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

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M.NIRMAL KUMAR,J.

Rmk 20.12.2024 5/5