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Madras High CourtWP(MD)/922/2025disposed of

K. Thiyagarajan v. The Superintendent Of Police

2025-01-10Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR K. Thiyagarajan ... Petitioner Vs

1. The Superintendent of Police, Sivagangai District.

2. The Additional Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

3. The Inspector of Police, Sivagangai Town Police Station, Sivagangai, Sivagangai District.

4. Jawahar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 3rd respondent herein to complete the enquiry in a speedy manner on the complaint made by the petitioner before the 2nd Respondent, dated 09.08.2024 which was 1/5

forwarded to the 3rd Respondent, dated 09.08.2024 and to take necessary action as against the 4th Respondent and his henchmen in accordance with law, within the time frame stipulated by this Court. For Petitioner : Mr.B.Brijesh Kishore For Respondents : Mr.A.Thiruvadikumar (R1-R3) Additional Public Prosecutor

ORDER

This Writ Petition has been filed to direct the 3rd respondent herein to complete the enquiry in a speedy manner on the complaint made by the petitioner before the 2nd Respondent, dated 09.08.2024 which was forwarded to the 3rd Respondent, dated 09.08.2024 and to take necessary action as against the 4th Respondent and his henchmen in accordance with law.

2. The contention of the petitioner is that the 4th respondent has received amount from the petitioner and the same was refused to return back to the petitioner. When the same was requested by the petitioner, the 4th respondent has threatened him that they would take away his life. In this regard, the petitioner has given a complaint to the 2/5

2nd respondent on 09.08.2024, who in turn, forwarded the same to the 3rd respondent with a direction to conduct an enquiry within a period of five days. Though the petitioner has appeared before the 3rd respondent for enquiry, the 3rd respondent did not take any action to complete the enquiry. Hence, this petition has been filed. 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 by the petitioner in the petition without going into the merits of the case there shall be a direction to the 3rd respondent to consider the representation of the 3/5

petitioner, dated 09.08.2024 and conclude enquiry in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

5.With the above direction the Writ Petition stands disposed of.

10.01.2025 NCC: Yes/No Index: Yes/No Internet : Yes/No PNM To

1. The Superintendent of Police, Sivagangai District.

2. The Additional Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.

3. The Inspector of Police, Sivagangai Town Police Station, Sivagangai, Sivagangai District.

4. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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M.NIRMAL KUMAR, J.

PNM ORDER IN 10.01.2025 5/5