WP CRL.(MD)/5157/2026 of S.Kayalvizhi Vs The Commissioner of Police on 11 September 2026

ORDER

This petition has been filed for issuance of Writ of Mandamus, directing the 2nd respondent to take necessary legal action based on the petitioners complaint dt.05.09.2026 registered as CSR No.0817/2026 by conducting a fair impartial and effective investigation into the alleged obstruction of the Corporation officials/workers, the alleged obstruction of the common pathway, the alleged intimidation, derogatory and abusive conduct towards, petitioner amounting to an offence under Sections 3 and 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998, the offence under Section 128 of the

Tamil Nadu Urban Local Bodies Act, 1998 and all other offences disclosed during investigation, uninfluenced by the position or connections of any of the persons involved.

2. Mr.D.Rajaboopathy, learned Government Advocate, (Crl. Side) takes notice for the respondents 1, 2 and 5 and Mr.S.Vinayak, learned counsel takes notice for the respondents 3 & 4. Heard the counsel on either side and perused the records.

3. This Writ Petition has been filed seeking a direction to the second respondent police to register a First Information Report (FIR) and conduct an effective investigation on the petitioner's complaint dated 05.09.2026, for which a CSR entry was assigned, regarding the alleged illegal encroachment and trespass onto a common passage/road by the petitioner's neighbour, as well as the alleged obstruction of Corporation officials/workers. Having no action, this petition has been filed.

4. The learned Government Advocate (Criminal Side) submitted that upon receipt of the complaint, a CSR entry was duly registered and an enquiry was conducted by the second respondent police, during which both the petitioner and the rival party, one Murugesan, appeared and were examined. During the enquiry, both parties are agreed to measure the properties through a Revenue Surveyor, and that following such measurement, they would abide by the appropriate orders of the competent court or authority. Recording the statements of both parties, the second respondent police closed the CSR complaint, advising the parties to avail the services of a Revenue Surveyor and work out their remedies before the competent forum.

5. Having taken note of the fact that the petitioner's complaint has already been enquired into and closed by the second respondent police, this Writ Petition has technically become infructuous. Furthermore, a direction to register an FIR or conduct a fair investigation cannot be issued once a complaint has been duly inquired into and closed upon finding the dispute to be civil in nature, under the writ jurisdiction.

6. If the petitioner has further grievances regarding the illegal encroachment, trespass, or obstruction of Corporation property/officials, liberty is granted to the petitioner to approach the competent Civil Court or initiate appropriate legal proceedings before the proper forum in accordance with law.

7. Accordingly, this Writ Petition stands closed. 11.09.2026 TM To

1. The Commissioner of Police Madurai City, Madurai - 625 002.

2. The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai District - 625 020.

3. The Assistant Town Planning Officer, Zone-II, Madurai Corporation, Race Course Road, Madurai 625 002.

4. The Assistant Engineer Ward No.33, Zone-II, Madurai Corporation, Rajaji Park, Madurai 625 002.

5. The Sub-Inspector of Police Anna Nagar Police Station, Madurai City, Madurai - 625 020.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

DR.P.MURUGAN, J., TM WP.Crl.(MD).No.5157 of 2026 11.09.2026