S.Ganesan v. The Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.10.2022
CORAM:
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM W.P.No.27638 of 2022 S. Ganesan ... Petitioner Vs
1. The Director National Commission for Schedule Caste, Shastri Bhavan, Block No.V, Second Floor, No.26, Haddows Road, Nungambakka, Chennai 600 006.
2. The Commissioner of Police, Tambaram Commissioner of Police, Solinganallur, Chennai 600 119.
3. The Inspector of Police, Pallikaranai Police Station, Chennai 600 100.
.... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the second respondent to implement the order of the 1st respondent dated 19.07.2022 and 10.08.2022 in proceedings No.F.No.1/328/2022 Rep. pending on the file of 1/5
the 2nd respondent.
For Petitioner : Mr.S.Lingesh For Respondents : Mr.E.Raj Thilak Addl.Public Prosecutor
ORDER
This Writ Petition has been filed to direct the second respondent to implement the order of the 1st respondent dated 19.07.2022 and 10.08.2022 in proceedings No.F.No.1/328/2022 Rep. pending on the file of the 2nd respondent.
2. The case of the petitioner is that he was abused with his caste by one Achu @ K.Viswanath, Ganesh and K.Amarnat. Since the petitioner belongs to Schedule Caste (Adi Dravidar), he made a complaint to the third respondent on 17.06.2022 and obtained CSR No.1474 of 2022 but no action has been taken, therefore he made a complaint to the 2nd respondent as well as the other higher rank police person and the said complaint also had no response by the second respondent. Hence he made a complaint before SC/ST 2/5
Commission, the first respondent herein on 15.07.2022. Based on the said complaint the first respondent by an order dated 19.07.2022 issued a direction to the 2nd respondent to take necessary action and also sent a letter on 10.08.2022. But the second respondent did not implement the said order till date, therefore the petitioner with no other remedy approached this Court by filing this writ petition.
3. The learned Counsel appearing for the petitioner submitted that the second respondent may be directed to implement the order of the first respondent dated 19.07.2022 and 10.08.2022 in Proceedings No.F.No.1/328/2022 Rep.
4. The learned Additional Public Prosecutor submitted that the second respondent has sent a letter to the Assistant Commissioner of Police, Tambaram to conduct enquiry and hence sought a week's time for sending the report to the Commissioner of Police, Tambaram. 3/5
5. Recording the same, the second respondent is hereby directed that after obtaining a report from the Assistant Commissioner of Police, Tambaram to comply with the order passed by the first respondent within a period of three weeks and thereafter report the same to the first respondent.
6. With the above direction, this writ petition is disposed of. No costs. 27.09.2022 Internet:Yes Speaking/Non speaking order dpq 4/5
V. SIVAGNANAM, J.
dpq To
1. The Director National Commission for Schedule Caste, Shastri Bhavan, Block No.V, Second Floor, No.26, Haddows Road, Nungambakka, Chennai 600 006.
2. The Commissioner of Police, Tambaram Commissioner of Police, Solinganallur, Chennai 600 119.
3. The Assistant Commissioner of Police Tambaram.
4. The Inspector of Police, Pallikaranai Police Station, Chennai 600 100.
5. The Public Prosecutor, High Court of Madras.
26.10.2022 5/5