Madras High CourtWP(MD)/30991/2024disposed of

Iyyappan v. The State Of Tamil Nadu Rep. By

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 Iyyappan : Petitioner Vs.

1.The State of Tamil Nadu rep., by the Superintendent of Police, Superintendent of Police Office, Virudhunagar District.

2.The State of Tamil nadu rep., by the Sub-Inspector of Police, District Crime Branch II, Virudhunagar District.

3.V.Subburam 4.V.Subramaniyan 5.T.Ganesan 6.M.Jeyaraj Devapichai 7.A.P.Vishal 8.A.P.Vimal 10.Subbaiah Chettiyar 11.Ponnusamy 12.Vairamuthu : Respondents PRAYER : Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 1 and 2 herein to take necessary action against the respondents 3 to 12 on the basis of the petitioner's representation dated 13.11.2024 within the stipulated time fixed by this Court.

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For Petitioners : Ms.N.Gayathir For R1 and R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

The petitioner had sent a complaint to take action against the private respondents, who had created forged document in respect of the subject property. Since no action has been taken, this petition has been filed.

2. The learned Additional Public Prosecutor appearing for the respondent police, on instructions, would submit that earlier on three occasions, summons were served to the petitioner, but the petitioner had failed to response, for the reason that he is in Chennai and thereafter, he appeared before the respondent police on 19.12.2024, but the counter petitioners failed to appear. Further, submitted that the petitioner to cooperate with the investigation, he would be given sufficient time and also private respondents' presence would be ensured and the petitioner's complaint would be enquired.

3. The learned counsel for the petitioner submits that atleast three days prior, notice is given to the petitioner, the petitioner can appear before the respondent police for enquiry and the petitioner will co-operate 2/5

with the respondent. Further, on instructions, would submit that the petitioner is ready to appear before the respondent police on 27.12.2024.

4. In view of the above, the petitioner to appear before the respondent police on 27.12.2024. On that day, the respondent police to ensure the presence of the private respondents, conduct enquiry and conclude the same within a period of two months therefrom.

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, Superintendent of Police Office, Virudhunagar District.

2.The Sub-Inspector of Police, District Crime Branch II, Virudhunagar District.

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