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Madras High CourtWP/35071/2023dismissed

M.Vajravel v. The Director

2025-02-20Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-02-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN WP NO. 35071 of 2023 M.Vajravel S/o Muthu No 12-h Block Kamarajar Colony, Police Quarters T. Nagar, Chennai 600 017 .. Petitioner(s) Vs

1. The Director National Commission For Schedule Castes, Shastri Bhavan Block No.V 2nd Floor, No. 26 Haddows Road Nungambakkam Chennai 6.

2. The Superintendent Of Police District Police Office, Rnaipet District

3. The Deputy Superintendent Of Police Arakonam Sub Division Ranipet District

4. Inspector Of Police Arakkonam Taluk Police Circle Ranipet District

5. The Sub Inspector Of Police Thakkolam Police Station Ranipet District

6. P.Balu Naicker S/o Periyasamy Naicker No 2 / 53varasakthi Vinayagar Street Odama Nagar, Vanagaram Chennai 95 .. Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to pass orders on the representation of the petitioner dated 27.10.2023. For Petitioner(s) : Mr. S.Lingesh For Respondent(s): Mr.G.Baskaran, Central Govt. Standing Counsel for R1 Mr.K.M.D.Muhilan, Government Advocate (cr.side) for R2 to R5

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus to direct the 1st respondent to pass orders on the representation of the petitioner dated 27.10.2023 seeking to take action against the 6th respondent for the offence under section 3(viii) & (ix) SC/ST (POA) Act, 1989 by setting aside the advisory order of the Deputy Superintendent of Police, District Crime Branch, Arakkonam Sub Division dated 28.09.2023.

2. Heard both sides and perused the materials available on record.

3. Perusal of records would reveal that already the petitioner

submitted a representation before the 1st respondent to take action against the 6th respondent under SCST Act. As directed by the National Commission for Scheduled Castes, the 2nd respondent has deputed the 3rd respondent to conduct enquiry and on conducting proper enquiry, an enquiry report was forwarded to the 1st respondent stating that as the issue pertains to a civil dispute, it was advised to approach appropriate civil court for getting compensation as against the 6th respondent, if any and further, on enquiry, it was found that the allegations putforth by the petitioner are false and the same falls under the pruview of civil case, hence, it was requested further action on the complaint of the petitioner should be dropped.

3. Perusal of records would further reveal that once again on the same set of allegations against the 6th respondent, the petitioner has submitted a representation before the 1st respondent. On receipt of said complaint, the 1st respondent passed an order on 12.01.2024 directing the concerned police officials to take appropriate action as against the petitioner for his demeanor attitude.

4. In view of the above, this writ petition is devoid of merits and hence the same is dismissed. No costs.

20-02-2025 To

1. The Director National Commission For Schedule Castes, Shastri Bhavan Block No.V 2nd Floor, No. 26 Haddows Road Nungambakkam Chennai 6

2. The Superintendent Of Police District Police Office, Rnaipet District

3. The Deputy Superintendent Of Police Arakonam Sub Division Ranipet District

4. Inspector Of Police Arakkonam Taluk Police Circle Ranipet District

5. The Sub Inspector Of Police Thakkolam Police Station Ranipet District

6. P.Balu Naicker S/o Periyasamy Naicker No 2 / 53varasakthi Vinayagar Street Odama Nagar, Vanagaram Chennai 95

G.K. ILANTHIRAIYAN, J.

msr WP NO. 35071 of 2023 20.02.2025