IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.01.2017 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN Writ Petition No.1049 of 2017 Anandhi ... Petitioner Vs.
1. The Secretary to Government, Home Department Tamilnadu, Fort St. George, Secretariat, Chennai-9.
2. The Commissioner of Police, Greater Chennai City, Vepery, Chennai-7.
3. The Inspector of Police, F2 Police Station (L & O), Egmore Police Station, Egmore-8.
4. Madhava Mohan ... Respondents Writ petition has been filed under Article 226 of the Constitution of India, praying for a Writ of mandamus directing the first respondent to consider the petitioner's representation dated 18.11.2016 to hold a detailed enquiry through second and third respondents subordinate police official against the fourth respondent and to allow the petitioner into her house.
For Petitioner : Mr.P.Ayyaswamy For Respondents : Mr.C.Emalias, Addl. Public Prosecutor, for R1 to R3 ORDER The petitioner has come up with the present writ petition for a mandamus, directing the first respondent to consider the petitioner's representation dated 18.11.2016 and to hold a detailed enquiry through second and third respondents' subordinate police officials against the fourth respondent and to allow her to enter into her house.
2. It is the case of the petitioner that she has been conducting pooja for the death anniversary of her daughter every year at her permanent house at Old No.66, New No.101, Athithanar Salai, Pudupet, Chennai-2. While so, on 30.9.2016, when the petitioner and her two sons went to her house to perform the pooja, the fourth respondent along with one Muthukrishnan picked up quarrel with the petitioner and refused to allow her to enter into her house. Immediately, she lodged a complaint with the third respondent. But, the third respondent has not registered any case based on her complaint. Hence, she approached the first respondent and made a representation dated 18.11.2016. Since no action was taken on the said representation also, the petitioner has come up with the present writ petition for the relief set out earlier.
3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that counter complaint was also lodged against the petitioner by the fourth respondent. Further, he has submitted that both the parties are not cooperating with the police authorities to have the enquiry completed properly.
4. In view of the said submission made by the learned Additional Public Prosecutor, there shall be a direction to the petitioner to cooperate with the police authorities for earlier completion of the enquiry and the respondent police is directed to conduct enquiry on the complaint and counter complaint made by the parties and complete the same as expeditiously as possible. The respondent police is also directed to communicate the date of the enquiry to both the parties. With the above directions, the writ petition is disposed of. No costs.
19.01.2017 Index:Yes/No sbi To
1. The Secretary to Government, Home Department Tamilnadu, Fort St. George, Secretariat, Chennai-9.
2. The Commissioner of Police, Greater Chennai City, Vepery, Chennai-7.
3. The Inspector of Police, F2 Police Station (L & O), Egmore Police Station, Egmore-8.
R.MAHADEVAN, J sbi W.P.No.1049 of 2017 DATED: 19.1.2017 http://www.judis.nic.in