M.Reena v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P.No.7927 of 2022 M.Reena ... Petitioner Vs.

1. The District Collector, Collector Office, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.

2. The Director General of Police, Doctor Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, Commissionerate Office, Vepery, Chennai - 600 007.

4. Sivashankaran

5. Jaisekar

6. Nirmal Kumar ... Respondent PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, directing the respondents 2 to 3 to disposes of the petitioner representation dated 09.12.2020 for appoint an officer to conduct the enquiry and take appropriate action against the respondents 5 to 6.

For Petitioner :

Mr.M.J.Nissar Ahmed For R1 :

Mr.Mohamed Shathik Government Advocate For R2 & R3 :

Mr.A.Gokulakrishnan Additional Public Prosecutor.

O R D E R

The Writ Petition has been filed to direct the respondents 2 and 3 to disposes of the petitioner's representation dated 09.12.2020 for appoint an officer to conduct the enquiry and take appropriate action against the respondents 4 to 6.

2. The case of the petitioner is that she is an advocate by profession and she is also a gold medalist and that she has been rendering free legal services to the people around her area. It is the further case that the Respondents 4 to 6 harassed the petitioner and her family members and they have also circulated false news about the petitioner and her family in Polimer news and other new channels. Regarding which, she had sent a representation dated 09.12.2020 to the Respondents 1 to 3 to take action against the Respondents 4 to 6 and the representation has not been considered so far.

3. Learned counsel appearing for the petitioner would submit that the petitioner is a Lawyer by profession and she is a gold medalist during the year 2014 from the Dr.Ambedkar Law University. On 15.11.2020, based on the complaint given by one Shamini, petitioner's entire family had been harassed and a false case has been registered against the petitioner and her family members and the false news items had also been telecasted in news channels. He would further submit that the petitioner had sent a representation dated 09.12.2020 to take action against the police personnels/R4-R6. Since no action has been taken, the present petition has been filed by the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondents 2 and 3 would submit that the petitioner apart from sending representation to the respondents 2 and 3, had sent a representation to the various authorities. However, he would submit that the third respondent will dispose of the petitioner's representation dated 09.12.2020, within fixed period.

5. Heard the learned Counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

6. It is seen that the petitioner has made certain allegations against the respondents 4 to 6, who are police personnels working at P6, Kodungaiyur Police Station, during the relavant time. The petitioner's representation dated 09.12.2020 had not been disposed of by the respondent police so far. The respondents as statutory authorities are duty bound to consider and pass orders on the representation sent to them.

7. In view of the above, the second respondent is directed to appoint an Officer in the rank of Deputy Commissioner of Police and conduct enquiry with regard to the representation made by the petitioner dated 09.12.2020 as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

8. However, it is made clear that this Court has not expressed any opinion with regard to the contents of the representation made by the petitioner. The Authority is at liberty to consider and pass orders in accordance with law on its own merits.

9. Accordingly, the Writ Petition stands disposed of with the above directions. However, there shall be no order as to costs.

Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar ham/rgi To

1. The District Collector, Collector Office, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.

2. The Director General of Police, Doctor Radhakrishnan Salai, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, Commissionerate Office, Vepery, Chennai - 600 007.

4. The Public Prosecutor, High Court of Madras.

+1cc to M/s.J.Missar Ahmed, Advocate, S.R.No.23194 W.P.No.7927 of 2022 SSN(CO) SU(21/04/2022)