S.Rushiyandramani v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.30089 of 2019 S.Rushiyandramani

...Petitioner

Vs

1. The Commissioner of Police, Tiruppur District.

2. The State Rep by its, The Inspector of Police, District Crime Branch, (Tiruppur City), Tiruppur District.

3. S.Umarani

...Respondents

PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1st and 2nd respondents was considered the petitioner's representation dated 16.08.2019 and consequently for further proper investigation conducting against the 3rd respondent and also take necessary action.

For Petitioner: Mr.K.Rajendra Prasad For Respondents: Mr.C.Iyyapparaj Additional Public Prosecutor for R1 & R2 Mr.R.Bharath Kumar for R3

O R D E R

The limited prayer sought for in the present writ petition is for a direction to the respondent police to consider the petitioner's representation dated 16.08.2019 seeking for further enquiry.

2.It is stated by the learned Additional Public Prosecutor that the petitioner's earlier complaint was duly enquired and closed on 09.10.2019 on the ground that the disputes relate to business transactions and that the petitioner should approach the concerned Civil Court to redress the grievances. https://hcservices.ecourts.gov.in/hcservices/

3.Nevertheless, in view of the limited prayer sought for and also taking into account of the fact that whenever a representation of this nature is made, there is a duty cast on the concerned respondent to consider the same in one way, instead of keeping it pending indefinitely.

4.In the light of the above observation, there shall be a direction to the 2nd respondent herein to consider the petitioner's representation on its own merits and pass appropriate orders in accordance with law. It is made clear that this Court has not expressed any of its views with regard the merits of the claim made by the petitioner's representation dated 16.08.2019 and that the 2nd respondent is at liberty to consider the grounds on its own merits.

5.Accordingly, this writ petition is disposed of. No Costs. Sd/- Assistant Registrar (Insp.Cell) //True Copy// Sub Assistant Registrar sbn/ssr To

1. The Commissioner of Police, Tiruppur District.

2. The Inspector of Police, District Crime Branch, (Tiruppur City), Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

+1 cc to Mr.R.Bharath Kumar, Advocate, S.R.No.92078 +1 cc to Mr.K.Rajendra Prasad, Advocate, S.R.No.91740 W.P.No.30089 of 2019 (CO) SSM(15/11/2019) https://hcservices.ecourts.gov.in/hcservices/