K.Senthil vs The Superintendent Of Police
2023 Latest Caselaw 9072 Mad

                                                                        Writ Petition No.21983 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED : 26.07.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                           Writ Petition No.21983 of 2023

                     K.Senthil
                     S/o.Late Kathirvel                                     ...Petitioner
                                                           Vs
                     1.The Superintendent of Police,
                       O/o.The Superintendent of Police,
                       Coimbatore District,
                       Coimbatore - 641 018.

                     2.The Deputy Superintendent of Police,
                       O/o.The Superintendent of Police,
                       Land Grabbing Special Cell,
                       3rd Floor, Railway Station Road,
                       Coimbatore - 641 018.

                     3.The Inspector of Police,
                       Kovilpalaiyam Police Station,
                       Kovilpalaiyam, Coimbatore District.

                     4.N.Jagadeesh
                       S/o.N.Narasimman

                     5.M.Senthilvel
                       S/o.Muthusamy Kavundar

                     6.R.S.Sibikumar
                       S/o.M.Senthilvel                                     ... Respondents


                     1/4
https://www.mhc.tn.gov.in/judis
                                                                                Writ Petition No.21983 of 2023

                     PRAYER : Writ Petition filed under Article 226 of the Constitution of
                     India praying for issuance of a Writ of Mandamus directing the respondents
                     1 to 3 to conduct enquiry on the petitioner's complaint dated 05.04.2023 and
                     take necessary action against respondents 4 to 6.


                                        For Petitioner     : Mr.G.Saravanabhavan
                                        For Respondents : Mr.A.Damodaran
                                                            Additional Public Prosecutor [R1 to R3]
                                                             *****

                                                           ORDER

This Writ Petition has been filed seeking for a direction to the

respondent police to conduct enquiry on the complaint given by the

petitioner on 05.04.2023.

2. Heard learned counsel for petitioner and learned Additional Public

Prosecutor appearing on behalf of respondents 1 to 3.

3. Learned Additional Public Prosecutor appearing for the

respondents 1 to 3 submits that on the complaint given by the petitioner,

petition enquiry is being conducted in C.No.16/SDO-KMPT.PS/2023, dated

06.06.2023 on the file of the third respondent police.

https://www.mhc.tn.gov.in/judis Writ Petition No.21983 of 2023

4. The third respondent is directed to conduct enquiry in keeping

with the judgment of the Supreme Court of India in Lalitha Kumari Vs.

Government of Uttar Pradesh reported in 2013 (6) CTC 353, wherein the

Supreme Court has enumerated the nature of cases where preliminary

enquiry can be conducted and has also restricted the period, for which

preliminary enquiry can be conducted. The third respondent is also directed

to complete the enquiry and take a decision within a period of four (4)

weeks from the date of receipt of a copy of this order.

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

26.07.2023 Index : Yes/No Speaking order:Yes/No Neutral citation:Yes/No gm

https://www.mhc.tn.gov.in/judis Writ Petition No.21983 of 2023

N.ANAND VENKATESH, J

gm

To

1.The Superintendent of Police, O/o.The Superintendent of Police, Coimbatore District, Coimbatore - 641 018.

2.The Deputy Superintendent of Police, O/o.The Superintendent of Police, Land Grabbing Special Cell, 3rd Floor, Railway Station Road, Coimbatore - 641 018.

3.The Inspector of Police, Kovilpalaiyam Police Station, Kovilpalaiyam, Coimbatore District.

4.The Public Prosecutor, High Court, Madras.

Writ Petition No.21983 of 2023

26.07.2023

https://www.mhc.tn.gov.in/judis