Madras High CourtWP/24618/2024dismissed

A.Ramesh Manikandan, M.A., M.L., v. The Director General Of Police

2024-08-28Honourable Mr Justice M.Dhandapani9 pages

In the High Court of Judicature at Madras Dated : 28.08.2024 Coram :

The Honourable Mr.Justice M.DHANDAPANI Writ Petition No.24618 of 2024 A.Ramesh Manikandan, M.A., M.L., Advocate, No.5, Kalangar Street, Dr.Ambedkar Street, Perungudi,Chennai - 600 096.

...Petitioner

Vs 1.

The Director of General of Police, Mylapore, Chennai - 600 004.

The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai - 600 007.

The Commissioner of Police, Tambaram Commissionerate, Karappakam, Elcot Sez, Sholinganallur, Chennai, Tamil Nadu - 600 119.

The District Collector, Chennai Collector Office, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai - 600 001.

The District Collector, Chengalpattu Collector Office, 1/9

Grand Southern Trunk Road, Venbakkam, Chengalpattu - 603 111.

The District Collector, Thiruvallur Collector Office, Chinna Ekkadu, Jaya Nagar, Thiruvallur - 602 001.

The Sub-Collector, District Adi Dravidar and Tribal Welfare Officer, Collectorate, Chennai - 600 001.

The Thasildar, Guindy Thasildar Office, No.69/40, Anna Salai, Chinnamalai, Guindy, Chennai - 600 032.

The Thasildar, Gumudipoondi Thasildar Office, (Near Sub treasury office), Thiruvallur - 601 201.

10.

The Inspector of Police (L&O), J-3, Guindy Police Station, Guindy, Chennai - 600 032.

11.

The Inspector of Police (Crime), J-3, Guidy Police Station, Guindy, Chennai - 600 032.

12.

The Inspector of Police(L&O), S-15 Selaioyur Police Station, Velachery Main Road, Aarthi Nagar, Salaiyur, Chennai, Tamil Nadu - 600 059.

13.

The Inspector of Police (Crime), S-15 Selaioyur Police Station, 2/9

Velachery Main Road, Aarthi Nagar, Salaiyur, Chennai, Tamil Nadu - 600 059.

14.

The Inspector of Police(L&O), F1, Police Station, 59, Methur - Gummudipoondi Road, Kottai Karai, Gummudipoondi - 601 201.

15.

District Education Officer - III & PIO St.Thomas Mount Union, (E) Chitlapakkam - 603 111.

17.

M.Rajini 18.

R.Janani 19.

R.Manju

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 4th, 5th, 6th, 8th, 9th, 15th & 16th respondents to take action against 17th , 18th and 19th respondents on his representation / complaint letters dated 08.12.2023, 20.03.2024, 20.03.2023, 02.04.2024, 03.04.2024 and 03.04.2024 regarding fake school record sheet, bogus certificate facts.

For Petitioner :

Mr.A.Ramesh Manikandan (P-in-P) For Respondents :

Mr.Yokesh Kannadasan, SGP for R4 to R9 Mr.L.Baskaran, GA (Crl.Side) for R1 to R3, R10 to R14 M/s.E.Ranganayaki,AGP(Education) for R15 & R16 3/9

ORDER

This writ petition has been filed by the petitioner, seeking for the issuance of a Writ of Mandamus to direct the respondent Nos. 4 to 6, 8, 9, 15 and 16 to take action against respondent Nos.17 to 19 based on his representations/complaint letters dated 08.12.2023, 20.03.2024, 02.04.2024 and 03.04.2024 regarding fake school record sheet, bogus certificates.

2. According to the petitioner, the 17th respondent herein, has obtained SC Certificate fraudulently by producing fake school certificates and that the date of birth of the 17th respondent mentioned in the school record sheet as 15.05.1984, whereas, he obtained the Aadhar Card, wherein, his date of birth is mentioned as 03.07.1979. It is further stated that the 17th respondent also obtained SC certificates in favour of his two daughters, who are the 18th and 19th respondents herein. Therefore, the petitioner has made various representations/complaint letters to the respondents authorities to take action against the respondents 17 to 19 for having obtained the SC certificates fraudulently. Since no response was forthcoming, the petitioner has come forward with the present Writ Petition. 4/9

3. The petitioner / party-in-person submits that though the 17th respondent by way of forged documents has approached the Revenue Tahsildar to obtain Scheduled Caste Certificate in favour of his two daughter, however, even without verifying the said documents, the concerned Tahsildar has granted the SC certificate in favour of his daughters. Hence, he prayed this Court to direct the respondent authorities to consider his complaint letters 08.12.2023, 20.03.2024, 02.04.2024 and 03.04.2024 and pass appropriate orders within the time frame that may be stipulated by this Court.

4. Heard the respective learned counsel for the respondents and perused the materials placed on record.

5. Though the petitioner is more considerate about the SC certificate obtained by the 17th respondent in favour of his daughters, which is alleged to have been obtained by using forged documents ie., the school record sheet and the Aadhaar card, Voter ID etc., however, a perusal of the records reveals that the 17th respondent is not a Government servant. Further if, the petitioner has some evidence to substantiate the above allegations, the 5/9

proper course would be to competent authority and further on the basis of the said documents, if some benefit is claimed, then the petitioner could be considered to be an aggrieved person. However, in the present case, the petitioner is relying upon certain documents, however, the 17th respondent is not claiming any benefit on the basis of the said documents from any public authority. Hence, the prayer sought for in this writ petition cannot be granted.

6. In the light of above dissension, this writ petition is dismissed. However, in case the 17th respondent claims any benefit on the basis of the alleged forged documents, liberty is granted to the petitioner to work out his remedy in the manner known to law. No costs.

28.8.2024 Index : Yes (or) No : Yes (or) No rap 6/9

To 1.

The Director of General of Police, Mylapore, Chennai - 600 004.

The Commissioner of Police, Greater Chennai City Police, Vepery, Chennai - 600 007.

The Commissioner of Police, Tambaram Commissionerate, Karappakam, Elcot Sez, Sholinganallur, Chennai, Tamil Nadu - 600 119.

The District Collector, Chennai Collector Office, Rajaji Salai, Fourth Floor, 62, Beach Road, George Town, Chennai - 600 001.

The District Collector, Chengalpattu Collector Office, Grand Southern Trunk Road, Venbakkam, Chengalpattu - 603 111.

The District Collector, Thiruvallur Collector Office, Chinna Ekkadu, Jaya Nagar, Thiruvallur - 602 001.

The Sub-Collector, District Adi Dravidar and Tribal Welfare Officer, Collectorate, Chennai - 600 001.

The Thasildar, Guindy Thasildar Office, No.69/40, Anna Salai, 7/9

Chinnamalai, Guindy, Chennai - 600 032.