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Madras High CourtWP/31576/2024disposed of

M.Rakku v. The State Of Tamil Nadu

2025-06-06Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2025 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE and W.M.P.No.34316 of 2024 M.Rakku

...Petitioner/ mother of the detenue

Vs.

1. The State Of Tamil Nadu Rep By The Secretary To Government, Home, Prohibition And Excise Department, Secretariat, Chennai-600 009.

2.The Director General Of Police DGP Office, Mylapore, Chennai600 004.

3.The Deputy Inspector General Of Police Coimbatore Range, Coimbatore.

4.The Superintendent Of Police Thiruppur District, Thiruppur.

5.The Inspector Of Police Palladam Police Station, Thiruppur District.

6.J.Lenin Appadurai Inspector Of Police, Palladam Police Station, Thiruppur District.

7.ISAKKI Sub-inspector Of Police, Palladam Police Station, Thiruppur District.

8.GOVINDARAJAN Sub-inspector Of Police, Palladam Police Station, Thiruppur District.

9.NAVEEN Police Constable , Palladam Police Station, Thiruppur District.

10.VIJAYAKUMAR Police Constable , Palladam Police Station, Thiruppur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 12.10.2024 and further directing respondents 1 and 2 to take appropriate action against respondents 5 to 10, who were involved in the assault of the petitioner's son Mr.Thangaraj, Son of Miniyandi, during the police custody on 03.10.2024.

For Petitioner : Mr.P.Pugalenthi For Respondents : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

M.S.RAMESH, J.

and , J.

This Writ Petition has been filed to direct the respondents 1 and 2 to consider the representation of the petitioner dated 12.10.2024 and further direct respondents 1 and 2 to take appropriate action against respondents 5 to 10, who were involved in the assault of the petitioner's son Mr.Thangaraj, Son of Miniyandi, during the police custody.

2. The petitioner states that the petitioner's son namely Thangaraj has been confined at Central Prison, Coimbatore as a remand prisoner. It is alleged that the petitioner's son was taken to the police custody and was assaulted with iron rod, resulted in a fracture to his right leg. Therefore, she made a representation dated 12.10.2024 before the respondents 1 and 2 seeking to take appropriate action against the respondents 6 to 10 herein. Since the same has not been considered till date, the petitioner has come forward with this Writ Petition.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

5. In view of the above observation, this Court, without going into the merits of the petitioner's representation or the contentions of the petitioner in the affidavit filed in support of this Writ Petition, directs the respondents 1 and 2 to consider the representation of the petitioner dated 12.10.2024 seeking to take appropriate action against the respondents 6 to 10 herein, if not already disposed of and pass appropriate orders on merits and in accordance with law, within a period of two (2) weeks from

the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons, if any.

6. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [M.S.R., J] [V.L.N., J] 06.06.2025 (1/3) Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Anu To 1.The Secretary To Government, Home, Prohibition And Excise Department, Secretariat, Chennai600 009.

2.The Director General Of Police Dgp Office, Mylapore, Chennai600 004.

3.The Deputy Inspector General Of Police Coimbatore Range, Coimbatore.

M.S.RAMESH, J.

and , J.

Anu 4.The Superintendent Of Police Thiruppur District, Thiruppur.

5.The Inspector Of Police Palladam Police Station, Thiruppur District. 6.J.Lenin Appadurai Inspector Of Police, Palladam Police Station, Thiruppur District. 7.ISAKKI Sub-inspector Of Police, Palladam Police Station, Thiruppur District. 8.GOVINDARAJAN Sub-inspector Of Police, Palladam Police Station, Thiruppur District. 9.NAVEEN Police Constable , Palladam Police Station, Thiruppur District. 10.VIJAYAKUMAR Police Constable , Palladam Police Station, Thiruppur District. 11.The Public Prosecutor, High Court, Madras.

and W.M.P.No.34316 of 2024 06.06.2025