← Library
Madras High CourtWP/28286/2022disposed of

B.Vasantha v. The Secretary To Government

2022-10-26Honourable Mr Justice V.Sivagnanam5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 26.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM B.Vasantha ... Petitioner Vs.

1. The Secretary to Government, Transport Department, Fort St. George, Chennai 600 009.

2. The Inspector General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

3. The Superintendent of Police, Superintendent Office, Kancheepuram, Kancheepuram District.

4. The Inspector of Police, Sunguvarchathiram Police Station, Sunguvarchathiram, Sriperumbudur Taluk, Kancheepuram District.

5. Ramachandran .. Respondents Prayer: Writ Petition filed under Section 226 of the Constitution of India seeking to issue a Writ of Mandamus, directing the 4th

respondent to take criminal action against the 5th respondent and to seize his vehicle bearing registration No.TN-19-Z-8263 and keep the same under the custody of the 4th respondent by considering the petitioner's representation dated 22.03.2022. For petitioner : Mr.K.L.Sekar For respondents R1 to R4 : Mr.S.Santhosh Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed seeking to issue a Writ of Mandamus, directing the 4th respondent to take criminal action against the 5th respondent and to seize his vehicle bearing registration No.TN19-Z-8263 and keep the same under the custody of the 4th respondent by considering the petitioner's representation dated 22.03.2022.

2. The learned counsel for the petitioner submitted that the petitioner filed a claim petition in MCOP No.1792/2020 against the fifth respondent, claiming compensation for the death of his son in a road accident occurred on10.07.2020. He further submitted that, at the

time of accident, the 5th respondent has not insured his vehicle, however, producing bogus documents, he escaped from the custody of the fourth respondent. In this regard, the petitioner gave a representation dated 22.03.2022 to the fourth respondent to take criminal action against the 5th respondent, but it was not considered. Hence this writ petition.

3. The learned Government Advocate (Crl.Side) appearing for the respondents 1 to 4 submitted that the representation of the petitioner dated 22.03.2022 is not available with the respondent police. He further submitted that, if the petitioner give a fresh representation, the authorities concerned are ready to consider the same and take action on its own merits and in accordance with law.

4. Recording the submissions made by the learned Government Advocate (Crl.Side), the petitioner is directed to give a fresh representation to the fourth respondent and on such representation being received, the fourth respondent is directed to consider the same and take action on its own merits and in accordance with law, within a

period of two weeks from the date of receipt of the representation.

5. With the above direction, this Writ Petition is disposed of. No costs.

26.10.2022 Index:Yes/No mst To

1. The Secretary to Government, Transport Department, Fort St. George, Chennai 600 009.

2. The Inspector General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

3. The Superintendent of Police, Superintendent Office, Kancheepuram, Kancheepuram District.

4. The Inspector of Police, Sunguvarchathiram Police Station, Sunguvarchathiram, Sriperumbudur Taluk, Kancheepuram District.

5.The Public Prosecutor, Madras High Court.

V.SIVAGNANAM, J.

mst 26.10.2022