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2014 DIGILAW 2835 (MAD)

S. Kunjammal @ Rakkaee v. Inspector General of Police, Southern Region, Madurai

2014-08-25

T.S.SIVAGNANAM

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Judgment : 1. The petitioner seeks for issuance of a Writ of Mandamus directing the respondents 1 and 2 to forbear the respondents 4 and 6 or their subordinates from in anyway harassing the petitioner and his family members or insisting them to give up their share in the property in Survey Nos.142/2, 143/6, 143/7, 143/12, 143/13, 144/5, 141/1, 217/4, 209/4, 208/9, 210/4, 211/9, 236/17, 250/4, 177/6 and 170/6 in Vanikudi Village, Sivagangai District, which is the subject matter of the order made by this Court in the Second Appeal in S.A.(MD)No.926 of 1992 dated 4.1.2010. 2. The grievance of the petitioner is that the respondent Police are harassing the petitioner under the guise of enquiry, based upon a complaint given by the eighth respondent. 3. It is seen that the eighth respondent approached this Court by filing a petition in Crl.O.P.(MD) No.8256 of 2014 wherein a direction has been sought for to the second respondent to consider their complaint and to give appropriate protection. This Court, while disposing of the said Criminal Original Petition, by order dated 06.06.2014, noted the submission of the eighth respondent that already a suit has been filed and decree has been obtained and the second appeal preferred by the other party was dismissed and the same has become final. The eighth respondent complained that he has been threatened by the respondent Police. Therefore, a direction was issued to consider his representation and the Inspector of Police, Kalaiyar Kovil Police Station, has been directed to give appropriate protection to the eighth respondent. 4. The learned Additional Government Pleader would submit that pursuant to the direction issued, the enquiry is under progress and it is being conducted as petition enquiry. 5. In the light of the above fact, the petitioner should cooperate with the enquiry. But, however, it is made clear that the respondent Police shall not harass the petitioner under the guise of enquiry, and the enquiry shall be proceeded strictly in accordance with law. 6. The writ petition is disposed of accordingly. Consequently, the connected miscellaneous petition is closed. No costs.