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Madras High CourtWP/39173/2016closed

Mrs.R.Fathima v. State Rep. By

2016-11-23Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH WP No.39173 of 2016 and WMP No.33544 of 2016 R.Fathima ... Petitioner in person Vs State Represented by,

1. The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai-9.

2. The Home Secretary, Government of Tamil Nadu, Fort St.George, Chennai-9.

3. The District Collector, Chennai District, Rajaji Salai, Chennai-1.

4. The Director General of Police, Tamil Nadu, Dr.Radhakrishnan Salai, Chennai-4.

5. The Commissioner of Corporation, Greater Chennai City, Rippon Buildings, Chennai-600 003.

6. The Commissioner of Police, Greater Chennai City Police, E.V.K.Sampath Salai, Vepery, Chennai-7.... Respondents Prayer: Petition filed under Section 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to consider the letter and spirit and pass appropriate orders on the representation sent by e-mail dated 4.11.2016 and 5.11.2016 as per law for deliberate negligence duty even after given written complaints through e-mail in person.

For Petitioner : Mrs.R.Fathima Petitioner-in-Person For Respondents : Mr.C.Emalias, Additional Public Prosecutor

ORDER

This Writ Petition has been filed with the following prayer:- "seeking a direction to the respondents to consider the letter and spirit and pass appropriate orders on the representation sent by E-Mail dated 4.11.2016 and 5.11.2016 as per law for deliberate negligence duty even after given written complaints through an E-Mail in person".

2. Today, Mr.S.Muthuvelpandi, Assistant Commissioner of Police, Triplicane Range, Chennai, is present.

3. On instructions, learned Additional Public Prosecutor submitted that in respect of the same incident, on the complaint given by one M.Rajendiran, the respondent police registered a case in Cr.No.1618 of 2016 for the offences u/s 4A(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959 against the members of a political party, who installed banner. That apart, on the complaint lodged by Muthuraman, Assistant Engineer, Division 63, the respondent police registered a case in Cr.No.1657 of 2016 on 07.11.2016 for the offences u/s 353 IPC for preventing the officials from removing the banners.

4. The learned Additional Public Prosecutor also submitted that yet another case has been registered in Cr.No.1671 of 2016 on 09.11.2016 for the offences u/s 4A(1a) of the Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959, against another faction of the same party and the accused have also been named there.

5. Recording the same, the Writ Petition is closed with a further direction to the respondent police not to harass the petitioner, who is taking up such public cases in peril to her own safety. Consequently, connected miscellaneous petitions are also closed. No costs.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar kmi

To

1. The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai-9.

2. The Home Secretary, Government of Tamil Nadu, Fort St.George, Chennai-9.

3. The District Collector, Chennai District, Rajaji Salai, Chennai-1.

4. The Director General of Police, Tamil Nadu, Dr.Radhakrishnan Salai, Chennai-4.

5. The Commissioner of Corporation, Greater Chennai City, Rippon Buildings, Chennai-600 003.

6. The Commissioner of Police, Greater Chennai City Police, E.V.K.Sampath Salai, Vepery, Chennai-7.

7. The Public Prosecutor, High Court, Chennai.

+2 ccs to Ms.R.Fathima Party in person sr 67974/16 WP No.39173 of 2016 ca(co) aa19/12/2016