M.Sivakumar, v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 08.08.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.7550 of 2011 M.Sivakumar

...Petitioner

Vs

1. The Superintendent of Police, Vellore District, Vellore.

2. Robert, Sub Inspector of Police, Thiruvalam Police Station, Vellore District.

3. Mohan (2146), Head Constable, Thiruvalam Police Station, Vellore District.

..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the 1st respondent to enquire the entire issues relating to the complaint dated 11.02.2010 of Thiru.P.Rajeshkumar and the complaint of the petitioner dated 3.2.11 and take necessary and appropriate action against Thiru.Robert Sub-Inspector of Police, the 2nd respondent herein and the Head Constable Thiru. Mohan, the 3rd respondent herein.

For Petitioner : Mr.S.T.Varadarajulu For Respondents : Mr.I.Sathish, AGP

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to enquire into the complaint of the petitioner dated 03.02.2011 and take necessary action against the respondents 2 and 3.

2. The learned counsel for the petitioner would state that the petitioner was working as a Conductor in the Metropolitan Transport Corporation (Chennai) Ltd., and his neighbour Rajkumar scolded the parents of the petitioner frequently. However, despite the complaint no action was taken and hence, the Writ https://hcservices.ecourts.gov.in/hcservices/

Petition. It is further stated that a false complaint has been registered against the petitioner in CSR.No.258 of 2009.

3. The learned Additional Government Pleader appearing for the respondents would submit that the complaint of the petitioner was enquired by the first respondent / Superintendent of Police and found to be false. It is further stated that the petitioner was not succeeded in the complaint filed before the Human Rights Commission.

4. A detailed counter affidavit has been filed by the first respondent stating that the complaint of the petitioner is false. Taking note of the fact that the complaint of the petitioner was already enquired into and a decision was taken not to proceed further and no additional materials have been produced by the petitioner to issue a direction to the first respondent to take action against the respondents 2 and 3, I find no merit in this Writ Petition. Accordingly, the Writ Petition is dismissed. No costs.

-s/d- Asst.Registrar /true copy/ Sub Asst. Registrar pvs To

1. The Superintendent of Police, Vellore District, Vellore.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Government Pleader sr68456 W.P.No.7550 of 2011 spd(co) aa23/09/2019 https://hcservices.ecourts.gov.in/hcservices/