Syed Jahir Hussain v. The Director General Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Syed Jahir Hussain .. Petitioner Vs.
1. The Director General of Police O/o. The Director General of Police No.1, Dr.Radhakrishnan Salai Mylapore,Chennai- 600 004
2. The District Collector O/o. The District Collector Virudhunagar District
3. The Superintendent of Police O/o. The Superintendent of Police Virudhunagar District
4. The Inspector of Police O/o. The Inspector of Police Town Police Station Sivakasi, Virudhunagar District
5. The Sub Inspector of Police O/o. The Sub Inspector of Police Town Police Station Sivakasi, Virudhunagar District
6. Muthu Mariappan The Sub Inspector of Police Town Police Station Sivakasi, Virudhunagar District
...Respondents
Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents 1 to 4 to take appropriate action against the sixth respondent by considering the representation of the petitioner dated 19.12.2019 within a time period that may be stipulated by this Honourable Court.
1/3
For Petitioner : Mr.S.M.A.Jinnan For Respondents : Mr.S.Chandrasekar No.1 to 5 Additional Public Prosecutor
ORDER
This Petition has been filed to direct the respondents 1 to 4 to take appropriate action against the sixth respondent by considering the representation of the petitioner dated 19.12.2019.
2. It is the grievance of the petitioner that he has submitted a representation to the respondents on 19.12.2019 against the sixth respondent, which has not been considered by the respondents till date and therefore, he has filed the present writ petition.
3. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.
4. In view of the limited prayer sought for in this writ petition and without going into the merits of the case, there shall be a direction to the third respondent to consider the petitioner's representation dated 19.12.2019 on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CO) // True Copy // / /2020 Sub Assistant Registrar(CS) aav 2/3
To
1. The Director General of Police O/o. The Director General of Police No.1, Dr.Radhakrishnan Salai Mylapore,Chennai- 600 004
2. The District Collector O/o. The District Collector Virudhunagar District
3. The Superintendent of Police O/o. The Superintendent of Police Virudhunagar District
4. The Inspector of Police O/o. The Inspector of Police Town Police Station Sivakasi, Virudhunagar District
5. The Sub Inspector of Police O/o. The Sub Inspector of Police Town Police Station Sivakasi, Virudhunagar District
6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.M.A.JINNAH, Advocate ( SR-2082[F] dated 21/01/2020 ) W.P (MD).No.899 of 2020 20.01.2020 DB(CO) TR(03.02.2020)3P 8C 3/3