D.Vasanthakumar v. The Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.10.2018

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH W.P. No.27515 of 2018 D. Vasanthakumar ..Petitioner vs.

The Collector Salem The Deputy Inspector General of Police Salem Taluk The Commissioner of Police Salem The Deputy Superintendent of Police Salem Range The Inspector of Police Theevattipatti Police Station Theevattipatti Govindaraj Elumalai Chinnaraj Sub-Inspector of Police Theevattipatti Police Station ..Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 3 to 5 to consider the petitioner's representation dated 13.10.2018 within a stipulated period in accordance with law. For petitioner Mr.M.Selvam For RR 1 to 5 Mr. C. Raghavan Govt. Advocate (Crl. Side)

ORDER

This writ petition has been filed seeking a writ of mandamus directing the respondents 3 to 5 to consider the petitioner's representation dated 13.10.2018 within a stipulated period in accordance with law.

It is the case of the petitioner that he had engaged the services of one Settu for digging a well in his property and during the operation, the said Settu sustained some minor injuries, for which, the petitioner had paid a sum of Rs.25,000/- towards medical expenses.

Now, the petitioner's grievance is that respondents 6 to 8 are demanding Rs.5 lakhs as compensation and are frequently harassing and intimidating him.

In this regard, the petitioner has addressed a representation dated 13.10.2018 to the police authorities and has thereafter, preferred this writ petition seeking the aforesaid relief.

In the opinion of this Court, a mandamus can be issued to an authority/person only for the purpose of performance of his statutory duty. But, in the case at hand, there is no statutory duty cast upon the respondents 1 to 4 to dispose of such representations and hence, no mandamus, as prayed for, can be issued. However, the fifth respondent shall not interfere in such civil disputes, unless there is commission of a cognizable offence.

With the above observation, this writ petition stands disposed of. Costs made easy.

cad Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar To The Collector Salem The Deputy Inspector General of Police Salem Taluk The Commissioner of Police Salem

The Deputy Superintendent of Police Salem Range The Inspector of Police Theevattipatti Police Station Theevattipatti +1cc to M.Selvam, Advocate S.R.No.72258 KR/30/10/18 W.P.No.27515 of 2018