A.Selvaraj, v. The Secretary,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 06.09.2021 Coram The Honourable Mr. Justice R.MAHADEVAN W.P.No.20037 of 2016 A.Selvaraj
...Petitioner
Versus
1.The Secretary, Government of Tamil Nadu.
Home Department, Fort St.George, Chennai - 600 009.
2.The Director General of Police, Chennai - 4.
3.The Additional Director General of Police, Vigilance and Anti Corruption Wing, Chennai.
4.The Inspector General of Police, Race Course, Coimbatore.
5.The Deputy Inspector General of Police, 6.The Deputy Superintendent of Police, CBCID, South Zone, No.800, Avanishi Road, Uppilipalayam, Rural Police Headquarters, Coimbatore - 18.
7. The Superintendent of Police, Superintendent of Police Office, Coimbatore, Coimbatore District.
8.The Superintendent of Police, Superintendent of Police Office, Tiruppur, Tiruppur District.
9.Thirugnanasambandam, The Inspector of Police OCIU, Coimbatore.
10.Issac Mohammed, Special Sub-Inspector CBCID, Coimbatore.
11.Gopal, Head Constable CBCID, Coimbatore.
12.Durai, Police Constable CBCID, Coimbatore.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 8 to consider the petitioner's representation dated 28.10.2015 and take necessary departmental action against the respondents 9 to 12 within time limit fixed by this Court. For Petitioner :
Mr.B.Kumarasamy For Respondents :
Mr.Stalin Abhimanyu, Government Counsel
O R D E R
Heard both sides and perused the materials placed before this court.
2.The relief sought for in this writ petition is to direct the respondents 1 to 8 to consider the petitioner's representation dated 28.10.2015 seeking to take necessary departmental action against the respondents 9 to 12. 3.It is alleged in the writ petition filed by the petitioner that the respondents 9 to 12 have indulged in misconduct of demanding bribe from him and on his denial, they registered false cases against the petitioner in Udumalpet Police Station Cr.No.266/2014 under section 9(B)(1)(b) of the Explosives Act, Kottoor Police Station Cr.No.129/2014 under Section 5 of the Explosives Act r/w 286 IPC and Cr.No.137/2015, Dhali Police station Cr.No.51/2014 and Vadakkipalayam Police Station Cr.No.23/2015 for the offences under the Explosives Act. Hence, he made a representation dated 28.10.2015 to the respondents requesting to take action against the respondents 9 to 12. Finding no response on the same, the petitioner has come up with this writ petition for the aforesaid relief.
4. Upon notice, the third respondent filed a detailed counter affidavit, wherein, it is stated that on the petitioner's representation, the Additional Superintendent of Police, Head Quarters, Tiruppur District conducted enquiry and submitted an enquiry report in C.No.163/ADSP-HQ/TPR/2015 dated 03.03.2016, which was forwarded to the Superintendent of Police, Tiruppur District on 30.06.2016. The counter affidavit further proceeds to state that in the enquiry report, it was categorically stated that the allegations levelled against the police officials are baseless and there is no documentary evidence to prove the same; the criminal cases were properly investigated and charge sheet was laid before the concerned court; and the petitioner taking grudge on the police officials, keeps on sending vexatious and frivolous complaints against them. Stating so, this respondent sought to dismiss this writ petition.
5.In the light of the averments so made in the counter affidavit filed by the third respondent, this court is of the opinion that no further orders need be passed in this writ petition, except recording the same. Accordingly, this writ petition stands disposed of. However, it is open to the petitioner to work out his remedy in the manner known to law. No costs.
Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar msr To 1.The Secretary, Government of Tamil Nadu.
Home Department, Fort St.George,Chennai - 600 009.
2.The Director General of Police, Chennai - 4.
3.The Additional Director General of Police, Vigilance and Anti Corruption Wing, Chennai.
4.The Inspector General of Police,
5.The Deputy Inspector General of Police, 6.The Deputy Superintendent of Police, CBCID, South Zone, No.800, Avanishi Road, Uppilipalayam, Rural Police Headquarters, Coimbatore - 18.
7. The Superintendent of Police, Superintendent of Police Office, Coimbatore, Coimbatore District.
8.The Superintendent of Police, Superintendent of Police Office,Tiruppur, Tiruppur District.
+1cc to Mr.B.Kumarasamy, Advocate, S.R.No.45061 +1cc to the Government Pleader, S.R.No. 45188 W.P.No.20037 of 2016 NMI(CO) GN(21/10/2021)