Dhanam, v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH WP.No.29696 of 2015 Dhanam ... Petitioner Vs 1.The Secretary to Government, Home Department, Fort St. George, Chennai-9.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.The Director General of Police, DGP Office, Santhome High Road, Chennai-4.

4.The Superintendent of Police, Kancheepuram District, Kancheepuram.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents to take action on the representation dated 08.09.15 of the petitioner within a time frame. For Petitioner : Mr.M.Selvam For Respondents : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

The petitioner has filed this Writ Petition praying for a writ of mandamus to direct the respondents to take action on the petitioner's representation dated 08.09.2015.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor for the respondents and perused the materials placed on record.

https://hcservices.ecourts.gov.in/hcservices/

3. It is seen that, on a complaint lodged by one Rajesh, the Inspector of Police, J-11, Kannagi Nagar Police Station registered a case in Crime No.2469 of 2015 under Section 294b, 341, 394, 506[ii] r/w 397 IPC against seven persons, including one Nagaraj [A4], who is said to be the grandson of this petitioner. During the investigation, the said Nagaraj was arrested and sent to judicial custody. While so, this petitioner has given a representation dated 08.09.2015 to the respondents herein, alleging that the police have falsely implicated his grandson. After having given this representation, the petitioner has filed this Writ Petition for a direction to the respondents to dispose of the representation.

4. In the considered opinion of this Court, there is no statutory power vested on the respondents to dispose of such representation and hence, the Mandamus as prayed for cannot be granted. In this case, investigation is pending and it has to come to its logical conclusion as contemplated by chapter XII of Cr.P.C. Hence, the prayer of the petitioner cannot be granted and this petition stands dismissed.

Sd/- Assistant Registrar(CS III) //True Copy// gya Sub Assistant Registrar To 1.The Secretary to Government, Home Department, Fort St. George, Chennai-9.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.The Director General of Police, DGP Office, Santhome High Road, Chennai-4.

4.The Superintendent of Police, Kancheepuram District, Kancheepuram.

5.The Public Prosecutor, High Court, Madras.

WP.No.29696 of 2015 ALA(CO) CA(03/11/2015) https://hcservices.ecourts.gov.in/hcservices/