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Madras High CourtWP(MD)/31460/2024dismissed

S.Rakku v. The Superintendent Of Police

2025-02-12Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL S.Rakku ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

3.Thennarasu 4.Sakkarai 5.Loganathan 6.Muniyandi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to take appropriate action as against the respondents 3 to 6 on the 1/5

basis of the petitioner's representation / complaint, dated 16.12.2024 made to the second respondent and pass such further or other orders as this Court deems fit.

For Petitioner : Mr.A.Ramesh For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate

ORDER

The present petition has been filed for issuance of Writ of Mandamus directing the second respondent to take appropriate action as against the respondents 3 to 6 on the basis of the petitioner's representation / complaint, dated 16.12.2024 made to the second respondent.

2. According to the petitioner, the petitioner's son, namely, Shanmugaraja married one Usha resident of Kalamedu. There is a family dispute pending between the son of the petitioner and his daughter-in-law. While so, on the instruction of the daughter-in-law, the respondents 3 to 6 attacked the petitioner with deadly weapons and thereby, the petitioner lodged a complaint before the second respondent police but they have not taken any steps. Hence, filed this petition.

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3. The learned Government Advocate appearing for the official respondents would submit that the complaint of the petitioner was closed on 17.12.2024 itself. Based on the complaint given by the daughter-in-law of the petitioner, namely, Usha, FIR in Crime No.541 of 2021 was registered as against the petitioner and others, for that, previous complaint, the present counter complaint has been lodged by the petitioner and the same was enquired and subsequently closed. Therefore, nothing survives for further adjudication.

4. Considering the limited scope of the prayer sought for in this petition, this Court is inclined to pass order without even issuing notice to the private respondents.

5. According to the petitioner, the petitioner lodged a complaint before the second respondent police on 16.12.2024 as against the respondents 3 to 6 and the same was also admitted by the second respondent police. But according to the second respondent, already the representation of the petitioner was considered and the same was closed after assigning CSR No.1648 of 2024. 3/5

6. Since already the representation of the petitioner, dated 16.12.2024 was considered by the second respondent and it was closed, it is for the petitioner to take appropriate steps in the manner known to law as against the closure of the complaint. Therefore, preserving the liberty of the petitioner to take appropriate steps as against the closure of the complaint by the second respondent, this writ petition stands dismissed. There shall be no order as to costs.

12.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Thiruppuvanam Police Station, Thiruppuvanam, Sivagangai District.

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P.DHANABAL, J.

BTR 12.02.2025 5/5