M.Musthari Banu v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA M. Musthari Banu ... Petitioner Vs.

1. The Commissioner of Police, Great Chennai Police, Vepery, Chennai- 600 007.

2. The Joint Commissioner of Police, East Zone, Egmore, Chennai.

3. The Deputy Commissioner of Police, Kilpauk Range, Kilpauk, Chennai - 600 010.

4. Mr. Mohammed Salim ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to take departmental action as against the 4th respondent by considering the representation of the petitioner dated 14.03.2024 within the stipulated time frame.

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For Petitioner : Mr. K.Balasubramaniam For Respondents : Mr.K.M.D.Muhilan, Government Advocate(Crl.side) For R1 to R3

O R D E R

This writ petition has been filed to consider the petitioner's representation dated 14.03.2024 and to direct the first respondent to take departmental action as against the 4th respondent.

2. Heard Mr.K. Balasubramaniam, learned counsel for petitioner and Mr.K.M.D.Muhilan, learned Government Advocate(Crl. Side) appearing for respondents 1 to 3.

3. It is the case of the petitioner that the fourth respondent, who is a Police Constable, is the relative and neighbour of the petitioner. Since the fourth respondent had harassed the petitioner's sister and the minor daughters of the petitioner, complaints have been lodged against the fourth respondent by the petitioner and her sister before the Ice House Police station, Chennai and based on the complaints, two First Information Reports had been registered against the fourth respondent. Even after registration of the cases against the 4th respondent, the respondents 1 to 3, who are the Disciplinary Authorities, have not taken any action against him. Thereby, the Page No.2 of 5

petitioner had sent a representation dated 14.03.2024 to initiate disciplinary action against the 4th respondent and since no action has been taken, the present Writ Petition has been filed.

4. Mr.K.M.D.Muhilan, learned Government Advocate (Crl. Side) appearing on behalf of the respondents 1 to 3 would submit that based on the complaints given by the petitioner and her sister, two FIRs have been registered against the 4th respondent. He would further submit that disciplinary proceedings has been initiated as against the 4th respondent under Tamil Nadu Police Subordinate Service (Disciplinary and Appeal) Rules 1955 and a show cause notice has also been issued to him.

5. Recording the submission of learned Government Advocate, this Writ Petition is closed. No costs.

08.05.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp/gpa Page No.3 of 5

To

1. The Commissioner of Police, Great Chennai Police, Vepery, Chennai- 600 007.

2. The Joint Commissioner of Police, East Zone, Egmore, Chennai.

3. The Deputy Commissioner of Police, Kilpauk Range, Kilpauk, Chennai - 600 010.

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A.D.JAGADISH CHANDIRA,J.

mrp/gpa 08.05.2024 Page No.5 of 5