D. Ramesh v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR D.Ramesh ... Petitioner Vs.

1.The Director General of Police, Director General of Police Office, Kailasapuram, Mylapore, Chennai - 600 005.

2.The District Superintendent of Police, District Superintend Officer, Vellore-District.

3.S.Raja ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 & 2 to conduct enquiry in representation dated 15.04.2023 and consequently take necessary departmental action as against the 3rd respondent. For Petitioner :

Mr.T.Meganathan For R1 & R2 :

Mr.V.P.R.Elamparithi, Additional Government Pleader

ORDER

This Writ Petition has been filed to direct the respondents 1 & 2 to conduct enquiry on the representation of the petitioner, dated 15.04.2023 Page No.1 of 4

and take necessary departmental action against the 3rd respondent. 2.The case of the petitioner is that the petitioner was doing bricks work for the past several years in the Government waste land situated at Kaniyambadi village, Vellore district in survey No.288. Due to political motive, a case in Crime No.92 of 2023, for offence under Sections 353 and 506(i) of IPC has been registered by the 3rd respondent who is the Sub Inspector of Police attached to the Vellore Taluk Police Station alleging that when the revenue officials tried to evict the petitioner and others from the above said land, they restricted and threatened the officials. 3.The learned counsel appearing for the petitioner submitted that having personal vengeance and political motive, the 3rd respondent has registered a criminal case against the petitioner and threatened him with filthy language. Hence, seeks direction of this Court to take departmental action against the 3rd respondent.

4.The learned Additional Government Pleader accepts notice on behalf of the respondents 1 and 2 submitted that on the complaint the Page No.2 of 4

revenue official viz., Village Administrative Officer, Kaniyambadi, Vellore District, a criminal case has been registered against the petitioner and the 3rd respondent has no personal enmity against the petitioner as alleged by the learned counsel for the petitioner.

5.On perusal of the Writ Petition itself, it is seen that a notice has been issued to the petitioner and others to evict the above said property where they were doing bricks work. It is also seen that when the revenue officials made an attempt for eviction, the petitioner and two others threatened them with dire consequences which resulted in registration of criminal case.

6.In such view of the matter, in order to scuttle the investigation against the petitioner, he has given a representation to the higher authorities to take action against the 3rd respondent. Hence, no blanket direction can be given by this Court to consider the representation of the petitioner and this Writ Petition is dismissed accordingly. No costs. 15.09.2023 vv2 Page No.3 of 4

N.SATHISH KUMAR , J.

vv2 Index : Yes/No Internet: Yes/No Speaking Order/Non-Speaking Order To 1.The Director General of Police, Director General of Police Office, Kailasapuram, Mylapore, Chennai - 600 005.

2.The District Superintendent of Police, District Superintend Officer, Vellore-District.

15.09.2023 Page No.4 of 4