R.Manikandan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2020 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA R.Manikandan .. Petitioner Vs.

1.The District Collector, Tirunelveli District.

2.The District Collector, 3.The Superintendent of Police, 4.The Inspector of Police, Puliyankudi Police Station, 5.The Inspector of Police, Vasudhevan Nallur Police Station, .. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the second respondent to dispose the petitioner's representations, dated 13.11.2019 and 29.01.2020 within stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Vinoth For Respondents : Mrs.S.Bharathi Government Advocate(Crl.Side)

O R D E R

This writ petition has been filed seeking to direct the second respondent to dispose the petitioner's representations, dated 13.11.2019 and 29.01.2020 within stipulated time that may be fixed by this Court.

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2. The learned counsel for the petitioner would submit that the petitioner is a social activist and that he has given a complaint against one Deputy Superintendent of Police, namely, Mr.Sakthivel. Though the representation has been sent on 13.11.2019, no action has been taken by the respondents and therefore, he has filed the present writ petition.

3. The learned Government Advocate (Criminal side), on instructions, would submit that after bifurcation of the District, the present authority, who has to consider the petitioner's representation is the third respondent, the Superintendent of Police, Thenkasi District.

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 third respondent to consider the representation of the petitioner dated 13.11.2019 and pass orders on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL To 1.The District Collector, Tirunelveli District.

2.The District Collector, 2/3

3.The Superintendent of Police, 4.The Inspector of Police, Puliyankudi Police Station, 5.The Inspector of Police, Vasudhevan Nallur Police Station, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.VINOTH, Advocate ( SR-4682[F] dated 04/02/2020 ) 04.02.2020 JMN(27.02.2020) 3P : 8C 3/3