R. Kalidass v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR R.Kalidass .. Petitioner Vs
1. The Superintendent of Police Dindigul District
2. The Inspector of Police Thadikombu Police Station Dindigul District
3. Mayilvahanan .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent to award adequate police protection for the petitioner's life and limb in the light of the representation that has been sent to the respondents 1 and 2 on 06.01.2025 For Petitioner : MrA.Devaraju For Respondents : Mr.A.Thiruvadikumar No.1& 2 Additional Public Prosecutor 1/5
ORDER
This Writ Petition has been filed to direct the second respondent to award adequate police protection for the petitioner's life and limb in the light of the representation that has been sent to the respondents 1 and 2 on 06.01.2025
2. The contention of the petitioner is that five years back, by joining with one Karunanidhi, Girija and Selvaraj, he started a company in the name Venus Iron Steels and during the course of business, he has been given with the powers of managing the said business in entirety. The place upon which the said business was run was belonged to the said Selvaraj. Taking advantage of the same, all of a sudden, without informing the other stakeholder, he has converted all the stocks for his use and while questioning, he has not even responded to the call, as a result of which, a police complaint has been lodged. Even then, no action has been taken as against him which resulted in our move in moving a civil suit in O.S.No. 445 of 2024 before the District Court, Dindigul and the same is pending adjudication. In the meanwhile during 2019, he borrowed a sum of Rs. 10 lakhs from the third respondent who is none 2/5
other than the husband of the said Girija for which he has also issued cheques as a security. Thereupon, after sometime, through a banking transaction, the said amount added with the interest which has come to the tune of Rs.15 lakhs has been repaid to the 3rd respondent. Inspite of the receipt of the payment, he has not returned the cheques and while asking the same, he has started threatening with dire consequences. Hence he has lodged a complaint. Even thereafter no action has been taken, hence the present 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. Nonconsideration 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 3/5
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 second respondent to consider the representation of the petitioner and conclude the enquiry and pass orders on its merits and in accordance with law within a period of two weeks from the date of receipt of a copy of this order.
5. With the above direction the Writ Petition stands disposed of. No costs.
22.01.2025 Index: Yes/No Internet : Yes/No aav To
1. The Superintendent of Police Dindigul District
2. The Inspector of Police Thadikombu Police Station Dindigul District
3. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.
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M.NIRMAL KUMAR, J.
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