IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 09.04.2025 CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY S.JANIFAR SOUNDARYA ... Petitioner Vs

1. THE DISTRICT COLLECTOR, KANCHIPURAM DISTRICT, KANCHIPURAM.

2. THE COMMISSIONER OF POLICE, VEPERY, CHENNAI.

3. THE COMMISSIONER OF POLICE, AVADI.

4. THE INSPECTOR OF POLICE, T-15, SRMC POLICE STATION, IYYAPANTHANGAL, CHENNAI.

5. MUNIYAMMA ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 08.04.2024.

For Petitioner : Mr.V.Elangovan For R1 : Mr.S.Senthil Murugan Special Government Pleader For R2 to R4 : Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

The writ petition is filed with a prayer to direct the first respondent to consider the representation of the petitioner dated 08.04.2024.

2. Upon hearing the learned counsel appearing for the petitioner and perusing the affidavit filed in support of the writ petition, the grievance of the petitioner is that she is a resident of Kerala and has now migrated to Chennai for the education of her son. While so, high-handedly, the landlord, namely the fifth respondent, has locked the premises, dispossessed them and is also refusing to return the jewels that were given in lieu of the advance amount. The petitioner is now literally on the streets and therefore, has submitted a petition to the District Collector.

3. The learned counsel appearing for the petitioner submits that this case should be treated as an extraordinary case and that relief should be granted by this Court.

4. The learned Government Advocate (Crl.Side) appearing for the respondents 2 to 4, on instructions, would submit that the petitioner's complaint was treated as a petition and thereafter closed as a landlord-tenant dispute, directing the parties to approach the competent civil forum.

5. In view thereof, this writ petition is disposed of on the following terms:-

(i) If the petitioner seeks to safeguard her possession, she has to approach the appropriate Civil Court and obtain an order of interim injunction against the landlord, if the landlord is attempting to evict her otherwise than by due process of law.

(ii) If the petitioner is of the opinion that the action of the fifth respondent amount to a criminal offence, then, since the police have now closed the complaint, it will be open for the petitioner to approach the jurisdictional Magistrate by way of a private complaint.

(iii) It will be open for the petitioner to seek such remedies that are available under law. No costs.

09.04.2025 Neutral Citation: Yes/No nsl To

1. THE DISTRICT COLLECTOR, KANCHIPURAM DISTRICT, KANCHIPURAM.

2. THE COMMISSIONER OF POLICE, VEPERY, CHENNAI.

3. THE COMMISSIONER OF POLICE, AVADI.

4. THE INSPECTOR OF POLICE, T-15, SRMC POLICE STATION, IYYAPANTHANGAL, CHENNAI.

D.BHARATHA CHAKRAVARTHY, J.

nsl

09.04.2025