R.Rajathi v. The Inspector General Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.12.2020
CORAM
THE HONOURABLE MR. JUSTICE T.RAVINDRAN W.P.No.18400 of 2020 R.Rajathi
...Petitioner
Vs.
1. The Inspector General of Police, North Zone, Military Quarters, Alandur, Chennai-600 016.
2. The Deputy Inspector General of Police, Master plan Complex (near CEO office) Villupuram.
3. The Superintendent of Police, Villupuram District, Villupuram.
4. The Deputy Superintendent of Police, V.O.C.Street, Thiru.Vi.Ka Nagar, Villupuram.
5. M/s.Revathi, The Inspector of Police, Villupuram West Police Station, Villupuram.
6. Gnanasekaran Sub-Inspector of Police, Villupuram West Police Station, Villupuram.
...Respondents
Prayer: The Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of mandamus to direct the 1st respondent to dispose of the petitioner's representation dated 05.11.2020.
For Petitioner : Mr.A.S.Balaji For Respondents : Ms. M. Prabhavathi Additional Public Prosecutor
ORDER
The Writ Petition has been preferred by the petitioner to issue a writ of mandamus directing the first respondent to dispose of the representation submitted by her on 05.11.2020 in accordance with law.
2.According to the petitioner, her son Senthilkumar married one Anthony Arul Prabha @ Vijayalakshmi on 03.09.2012 and further, put forth that Anthony Arul Prabha @ Vijayalakshmi suppressed her earlier marriage with her matrimonial uncle's son one George Stephen and the birth of two children to them and her son Senthilkumar was working in a bakery shop at Villupuram, later, with her financial assistance provided to her son, started a bakery in the name of "Cakes World" and on 24.10.2019, she was informed by Anthony Arul Prabha @ Vijayalakshmi that her son Senthilkumar had died and noted that her son had suspected bodily injuries in the private parts and came to know recently that Anthony Arul Prabha @ Vijayalakshmi had conspired with one Gopalsamy, murdered her son and in that connection, she had preferred a complaint on 05.10.
2020 and despite the above position, the 5th respondent had intervened in the civil dispute with reference to the running of the bakery business abovestated and orally instructed the shop owner not to refund the advance amount due to the petitioner on the demise of her son and in this connection, she has also given a legal notice to the 5th respondent on 02.11.2020 and despite the same, the 5th respondent has broken open the bakery and put up a new lock and handed over the key to Anthony Arul Prabha @ Vijayalakshmi and the 5th respondent is not entitled to lock the bakery business and also the police had not properly enquired the complaint preferred by her on 05.10.2020 and hence, according to the petitioner, she has forced to give a representation to the respondents 1 to 4 on 05.11.
2020 to initiate appropriate departmental action against the respondents 5 & 6 complaining of highhandedness in the running of the bakery business conducted by the petitioner and as the same had not been properly considered, according to the petitioner, she has been necessitated to lay the criminal original petition. 3.At the time, when the case is taken up for consideration, the Additional Public Prosecutor represented that a proper direction be given to R3 viz, the Superintendent of Police, Villupuram District, Villupuram, to consider the representation given by the petitioner on 05.11.2020 and dispose of the same in accordance with law. Only for the said relief, the petitioner has also come forward with the criminal original petition.
4.Considering the abovesaid factors, in the fitness of things, I am of the considered view that if a suitable direction is given to R3 viz, the Superintendent of Police, Villupuram District, Villupuram, to dispose of the representation given by the petitioner dated 05.11.2020, the same would meet the ends of justice.
5. In the light of the abovesaid factors, the Superintendent of Police, Villupuram District, Villupuram, is directed to consider the representation given by the petitioner on 05.11.2020 and dispose of the same in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
6. Accordingly, the Writ Petition is disposed of. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sms To
1. The Inspector General of Police, North Zone, Military Quarters, Alandur, Chennai-600 016.
2. The Deputy Inspector General of Police, Master plan Complex (near CEO office) Villupuram.
3. The Superintendent of Police, Villupuram District, Villupuram.
4. The Deputy Superintendent of Police, V.O.C.Street, Thiru.Vi.Ka Nagar, Villupuram.
5. The Inspector of Police, Villupuram West Police Station, Villupuram.
6. Sub-Inspector of Police, Villupuram West Police Station, Villupuram.
7. The Public Prosecutor, High Court, Madras W.P.No.18400 of 2020 CO(RR) BDL/07/01/2021