AHAMED IBRAHIM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) WITH the consent of the learned counsel on either side the above Criminal Original Petition itself is taken up for final disposal.

(2.) THE above Criminal Original Petition has been filed seeking for a direction to the respondent police to comply with the order dated 31.3.2008 passed in I.A.No.3041 of 2008 O.S.No.6472 of 2008 by XIV Assistant Judge, City Civil Court, Madras and also to file a final report in C.S.R.No.23/CSR/F3/2008, dated 23.1.2008 and C.S.R.No.44/CSR/F3 PS L&O/08, dated 10.2.2008 before the XIV Metropolitan Magistrate Court, Egmore, Chennai.

(3.) IT is the case of the petitioner that the intervener Mrs. Malathy residing on the rear side of the said property made an unlawful attempt to usurp the vacant land with the help of local elements and started demanding money to allow the petitioner to put up construction which necessitated the lodging of the complaints, dated 23.1.2008 and 10.2.2008 by the petitioner before the respondent. Since no action was taken, representation was made to the Assistant Commissioner of Police, Nungambakkam, but there was no response. Hence, the petitioner filed a suit for permanent injunction against the said Malathy in O.S.No.7297/2007 before the XIV Assistant Judge, City Civil Court, Chennai and also filed I.A.No.1577/2008 for interim injunction restraining the said Malathy from interfering with the peaceful possession and enjoyment of the property by the petitioner and in I.A.No.1577 of 2008 interim injunction was granted on 7.2.2008. Subsequently, the interim injunction was also made absolute. Since no action was taken on the complaints lodged by the petitioner, he filed a complaint before the Additional Chief Metropolitan Magistrate, Egmore, Chennai, seeking for a direction to the respondent herein to investigate the complaints dated 23.1.2008 and 10.2.2008 and the learned Additional Chief Metropolitan Magistrate, by an order, dated 25.2.2008 passed in M.P.No.125 of 2008 directed the respondent herein to register the case, investigate the same and submit his report. But in spite of the said direction given by the learned Additional Chief Metropolitan Magistrate, no case was registered. In the wake of total inaction on the part of the respondent and in order to give effect to the order of the Civil Court, the petitioner filed I.A.No.3041 of 2008 under Section 151 C.P.C. seeking for a direction to the respondent to give protection to the petitioner's life and suit property. In the said I.A. an order, dated 31.3.2008 to the following effect was passed:-