W.P.(MD)No.20372 of 2019

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Dated: 24.01.2022

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN

W.P.(MD)No.20372 of 2019

Satheeshkumar, S/o.Chandiraraj

... Petitioner

Vs.

1.The Superintendent of Police,

Theni District, Theni.

2.The Inspector of Police,

Palanichettipatti Police Station,

Theni District.

3.Yazhisaiselvan,

Sub-Inspector of Police,

Palanichettipatti Police Station,

Theni District.

4.Dharmar,

Special Sub-Inspector of Police,

Palanichettipatti Police Station,

Theni District.

5.Thankapandi,

Head Constable No.979,

Palanichettipatti Police Station,

Theni District.

6.Thangapandian @ Ponthangapandian

... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of

India, seeking for issuance of a Writ of Mandamus, directing the

first respondent to conduct the enquiry upon the petitioner's

complaint dated 06.09.2019 and on that basis to take necessary

action against the respondents 3 to 5 and hand over the car bearing

Registration No.TN-12-J-7242 to the petitioner forthwith.

For Petitioner

: Mr.V.Thirumal

For R1 to R5

: Mr.A.Thiruvadikumar

Additional Public Prosecutor

For R6

: Mr.R.Maheswaran

1/3

https://hcservices.ecourts.gov.in/hcservices/

W.P.(MD)No.20372 of 2019

ORDER

This Writ Petition is filed seeking Mandamus to direct the

first respondent to conduct enquiry upon the complaint dated

06.09.2019, given by the petitioner herein. The said complaint of

the petitioner states that during the month of January 2018, he

purchased a second-hand car, bearing Registration No.TN-12-J-7242

from the sixth respondent through broker for a sale consideration of

Rs.5,50,000/-, for which, he paid initial amount of Rs.3,50,000/-

and took possession of the car with the specific understanding that

he

will

pay

the

balance

sale

consideration

of

Rs.2,00,000/- after handing over the R.C. Book and name transfer

clearance. However, the sixth respondent did not hand over the R.C.

Book and delayed the same. Therefore, on 04.08.2019, he gave a

complaint to the respondent Police to take action against the sixth

respondent for not arranging the transfer of the vehicle in his name

after receiving the balance of Rs.2,00,000/-. The said complaint

was enquired and the sixth respondent agreed to pay Rs.2,50,000/-

and get back the car. Accordingly, the car was handed over to the

sixth respondent and the sixth respondent gave a cheque for

Rs.2,50,000/-, dated 01.09.2019. It was agreed by the sixth

respondent that the cheque is given as security and he will pay the

cash and get back the cheque. However, he did not pay the cash

Rs.2,50,000/- in spite of handing over the car to him. Alleging

that the sixth respondent's modus operandi is to cheat the public in

the manner stated above and there are several complaints against him

and in spite of the complaint dated 06.09.2019, the Police has not

acted upon his complaint, the present Writ Petition is filed.

2.The sixth respondent, who has entered appearance through

counsel, has filed counter affidavit stating that he is a trader of

used cars and the subject car Tavera bearing Registration No.TN-12-

J-7242 was sold to one Muthuraj for a sale consideration of

Rs.5,50,000/-. As per the agreement dated 09.05.2019, entered into

between the Muthuraj and the sixth respondent, a sum of

Rs.2,50,000/- was paid to the sixth respondent and the possession of

the vehicle was handed over to Muthuraj. The copy of the R.C. Book,

Permit and Insurance were handed over to Muthuraj along with the

vehicle. The said Muthuraj did not turn up to pay the balance

amount. When he was called by the second respondent Police based on

the complaint given by the petitioner, dated 04.08.2019, he came to

know that the vehicle is in the possession of the pe