Madras High CourtWP(MD)/1367/2020disposed of

Karunanithi v. The Superintendent Of Police

2020-01-24Honourable Mr Justice A.D.Jagadish Chandira2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.01.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD)No.1367 of 2020 Karunanithi ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Kulathur Police Station, Kulathur, Vilathikulam, Thoothukudi District.

3.The Sub Inspector of Police, Kulathur Police Station, Kulathur, Vilathikulam, Thoothukudi District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, by directing the respondents herein to consider the petitioner's representation dated 23.11.2019 and 27.11.2019 and take necessary action within the time stipulated by this Court.

For Petitioner : Mr.K.P.Ramesh For Respondents : Mrs.S.Bharathi Government Advocate(Crl.Side)

ORDER

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents herein to consider the petitioner's representation dated 23.11.2019 and 27.11.2019. 2.Heard the learned Counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondents.

3.It is the grievance of the petitioner that the petitioner is an innocent person and the petitioner lodged a complaint against one Mookaiah Thevar and others. In this regard, the petitioner had sent a representation to the respondents on 23.11.2019 and 27.11.2019 and the same has not been considered by the respondents till date and therefore, he has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 4.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. 5.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 respondents to consider the representation of the petitioner dated 23.11.2019 and 27.11.2019 and pass orders on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6.With the above direction, this writ petition is disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) Vsg To 1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, Kulathur Police Station, Kulathur, Vilathikulam, Thoothukudi District.

3.The Sub Inspector of Police, Kulathur Police Station, Kulathur, Vilathikulam, Thoothukudi District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai +2cc to Mr.K.P.Ramesh, Advocate Sr.No.1523 W.P.(MD)No.1367 of 2020 24.01.2020 VB(10.02.2020) 2P 7C https://hcservices.ecourts.gov.in/hcservices/