Dismissed¶29

M.Abdul Jabbar v. The Superintendent of Police

Madras HC12 Feb 2025WP(MD)/3717/2025

Case brief

AI extract

What is this about?

Police-inaction mandamus writ; closure of C.S.R No.859 of 2024 (Athiramapattinam Police Station, Thanjavur) on 07.12.2024 after alleged compromise between parties; representation dated 05.11.2024 held already considered, so nothing survives; petitioner alleging trespass and life threats by one Selvaraj; liberty to approach Inspector of Police with materials or challenge closure per law; land disputes left to Civil Court; Madras High Court, Madurai Bench; single judge P. Dhanabal; decided 12.02.2025; dismissed, no costs.

What did the court decide?

None; writ petition dismissed with liberty to the petitioner to approach the 3rd respondent with available materials. No costs. ¶29

M.Abdul Jabbar Vs The Superintendent of Police — Writ and Judicial Review | Madras HC (2025)

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W.P.(MD) No.3717 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 12.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE P.DHANABAL

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W.P(MD)No.3717 of 2025

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M.Abdul Jabbar ... Petitioner

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The Superintendent of Police, Office of the Superintendent of Police, Thanjavur District.

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The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Pattukotai, Thanjavur District.

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The Inspector of Police, Athiramapattinam Police Station, Thanjavur District.

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... Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus, to direct the respondent Nos.2 and 3 to consider the petitioner's representation dated 05.11.2024 and to conduct enquiry and take appropriate action on the complaint in C.S.R No.859 of 2024 on the file of the 3^rd respondent within the time stipulated by this Honourable Court.

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

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____________ Page No. 1 of 5_

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W.P.(MD) No.3717 of 2025

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For Petitioner : Mr.I.Pinaygash

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For Respondent : For R1 to R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

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O R D E R

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This writ petition is filed by the petitioner to direct the respondents no.2 and 3 to consider the representation dated 05.11.2024 to conduct enquiry and take appropriate action on the complaint in C.S.R No.859 of 2024.

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According to the petitioner, he lodged a complaint as against one Selvaraj and thereafter, the 3^rd respondent gave a C.S.R.No.859 of 2024, but no steps have been taken. Therefore, he filed this petition.

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The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that the representation of the petitioner dated 05.11.2024 was forwarded to the 3^rd respondent and the same was closed on 07.12.2024 as both parties compromised. The dispute in respect of lands, the parties can approach the Civil Court.

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

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____________ Page No. 2 of 5_

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W.P.(MD) No.3717 of 2025

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In reply, the learned counsel appearing for the petitioner would submit that there is no property dispute between the parties, the complaint is in respect of trespass and life threats made by the accused. Therefore, without conducting enquiry, they closed the complaint.

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Heard both sides and perused the materials on record.

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The prayer of the petitioner is that the petitioner lodged complaint on 05.11.2024 but the respondents have not considered his complaint, hence to consider the representation dated 05.11.2024 he filed this petition. According to the 3^rd respondent, the representation was already enquired and same was closed. Therefore, there is nothing survives for further adjudication since the prayer of the petitioner is already considered by the respondents. If at all the petitioner aggrieved by the order of the respondents, he can challenge the same in the manner known to law.

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7. With the above said observations, this writ petition is dismissed

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and it is open to the petitioner to approach the 3^rd respondent with

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https://www.mhc.tn.gov.in/judis ____________ Page No. 3 of 5_

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W.P.(MD) No.3717 of 2025

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available materials. No costs.

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12.02.2025