Madras High Court

WP Crl.(MD)/6109/2026 of P.Esakki Kani Vs The State of Tamilnadu Rep by on 10 November 2026

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WP Crl.(MD) No. 6109 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 10-11-2026

CORAM

THE HON'BLE DR.JUSTICE P.MURUGAN

WP Crl.(MD) No. 6109 of 2026

CNR:{HCMD011579162026}

P.Esakki Kani

D/o, Santhana Pandi,

NO.2/3, Keela Street,

Thottiyan Kudieruppu,

Kurangani Post,

Eral Taluk,

Thoothukudi District.

..Petitioner(s)

Vs

1. The State of Tamilnadu Rep by

The Superintendent of Police,

Thoothukudi,

Thoothukudi District.

2. The Inspector of Police,

Alwarthirunagari Police Station,

Alwarthirunagari,

..Respondent(s)

PRAYER: This writ petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to take action upon the petitioner complaint dated 07.03.2026.

For Petitioner(s)

:M/s A.D.Ganeshamoorthi

For Respondent(s)

: Mr.D.Rajaboopathy

Government Advocate (Crl. Side)

WP Crl.(MD) No. 6109 of 2026

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ORDER

The petitioner has filed this Writ Petition seeking a direction to the respondent police to take appropriate action on his complaint dated 07.03.2026.

2. When the matter is taken up today, the learned Government Advocate (Crl. Side) submits that on receipt of the complaint, the respondent police initiated an enquiry into the matter upon the petitioner (Esakki Kani) and the rival party (Esakki Muthu). The enquiry revealed that the rival party, Esakki Muthu, had obtained 5.25 sovereigns of gold jewellery from the petitioner to meet his family commitments and subsequently pledged the same. During the police enquiry, Esakki Muthu agreed to redeem the pledged jewels and return them to the petitioner within a period of six (6) months. Based on the undertaking given by Esakki Muthu, the petitioner (Esakki Kani) gave a statement to the police dated 11.03.2026 stating that no further action was required. The respondent police, Alwar Thirunagari Police Station, thereupon closed the complaint on 11.03.2026.

3. The learned Government Advocate has placed a copy of the closure report along with the statements given by both parties. Perusal of the same reveals that the intimation regarding the closure was dispatched

WP Crl.(MD) No. 6109 of 2026 to the petitioner though post on 07.11.2026.

4. The learned counsel for the petitioner submits that although six months have lapsed though the undertaking was given, Esakki Muthu has not returned the 5.25 sovereigns of gold jewels to the petitioner.

5. It is a well-settled principle of law that the police have no jurisdiction or power to adjudicate civil disputes or enforce contractual obligations between private individuals, including the recovery of money or gold. In view of the above, the police enquiry having been closed, it is open to the petitioner to approach the competent Civil Court to work out his remedy for the recovery of the 5.25 sovereigns of gold jewels from Esakki Muthu in the manner known to law.

6. The learned Government Advocate is directed to supply copies of the statements recorded from both parties and the closure intimation to the learned counsel for the petitioner.

7. With the above liberty, this Writ Petition stands dismissed. 10-11-2026 Index: Yes/No

WP Crl.(MD) No. 6109 of 2026 Speaking/Non-speaking order Neutral Citation: Yes/No TM To

1. The Superintendent of Police Thoothukudi Thoothukudi District

2. The Inspector of Police Alwarthirunagari Police Station Alwarthirunagari Thoothukudi District

3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai

WP Crl.(MD) No. 6109 of 2026 DR.P.MURUGAN, J. TM WP Crl.(MD) No. 6109 of 2026 10-11-2026

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