A writ of mandamus requires the exhaustion of available legal remedies and substantiated evidence to justify judicial intervention.

ORDER

This writ petition has been filed for issuance of Writ of Mandamus seeking for a direction to the respondents 1 and 2 to take appropriate action against the respondents 5 and 6.

2. According to the petitioner, the respondents 5 and 6, who are the police officials illegally trespassed into the petitioner’s shops, namely, Shop Nos.4 and 5 situated in S.No.1815 at D.Koodaloor village, Guzilamparai Taluk, Dindigul District. Under these circumstances, the petitioner has given a representation to the respondents 1 and 2 to take departmental action against the respondents 5 and 6 for the alleged illegal trespass. Since the representation was not considered by the respondents 1 and 2, this writ petition has been filed.

3. It is brought to the notice of this Court by the learned Additional Government Pleader appearing for the official respondents that earlier criminal complaint given by the petitioner against the respondents 5 and 6 was closed by the learned District Munsif cum Judicial Magistrate, Vedasandur, Dindigul District on 23.09.2022 and the petitioner was directed to file a private complaint against the respondents 5 and 6 under Section 200 Cr.P.C. It is also brought to the notice of this Court that despite the said direction given by the learned District Munsif cum Judicial Magistrate on 23.09.2022, till date no private complaint has been filed by the petitioner under Section 200 Cr.P.C., as directed by the learned District Munsif cum Judicial Magistrate, Vedasandur on

23.09.2022.

4. On the last hearing date, ie., on 05.08.2024, the learned counsel appearing for the petitioner had also submitted that a civil suit is pending between the disputing parties, namely, petitioner as well as his landlord. The petitioner is a tenant and there seems to be a landlord-tenant dispute.

5. Admittedly, the petitioner has also not filed a private complaint as directed by the learned District Munsif cum Judicial Magistrate, Vedasandur, on 23.09.2022 under Section 200 Cr.P.C. The petitioner has also not arrayed his landlord as a party respondent in this writ petition. The writ petition is of the year 2021. There is no evidence filed by the petitioner before this Court to prove that the respondents 5 and 6 had illegally trespassed into the petitioner’s shops namely, Shop Nos.4 and 5 situated in S.No.1815 at D.Koodaloor village, Guzilamparai Taluk, Dindigul District, exempting for making bald statements without any supporting documentary evidence and the allegations of the petitioner as found in the affidavit filed in support this writ petition are not substantiated.

6. For the foregoing reasons, there is no merit in this writ petition and this writ petition is dismissed accordingly. No costs.

07.08.2024 Index : Yes / No NCC : Yes / No sm TO:

1.The Inspector General of Police, Southern Region, Madurai.

2.The Superintendent of Police, Dindigul District, Dindigul.

3.The Deputy Superintendent Of Police, Deputy Superintendent Office, Vedasandur, Dindigul District.

4.The Inspector of Police, Guzilamparai Police Station, Dindigul District.

ABDUL QUDDHOSE, J.

Sm Order made in W.P.(MD)No.18814 of 2021 Dated:

07.08.2024