Kathiresan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Kathiresan ... Petitioner Vs 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Additional Deputy Superintendent of Police, Srivillipudur, Virudhunagar.

3.The Inspector of Police, Town Police Station, Srivillipudur, Virudhunagar District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the third respondent to conduct proper enquiry and take appropriate action based on the complaint dated 03.01.2025 within time frame fixed by this Court. 1/6

For Petitioner : Mr.N.Padmaboopathi For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

ORDER

This Writ Petition has been filed to direct the third respondent to conduct proper enquiry and take appropriate action based on the complaint dated 03.01.2025 within a time frame. 2.The contention of the petitioner is that the petitioner and his wife married against the wish of his wife's mother, due to which, the motherin-law of the petitioner, who is a Thasildar, had misused her power by creating forged documents. Petitioner's wife and mother-in-law were entered into many forgery activities by cheating the Government and enjoyed the Schemes with the support of Revenue Officials. Therefore, a complaint has been lodged on 03.01.2025 and the same is pending. 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 2/6

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 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 third 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.

31.01.2025 Index: Yes/No Internet : Yes/No gns 3/6

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To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Additional Deputy Superintendent of Police, Srivillipudur, Virudhunagar.

3.The Inspector of Police, Town Police Station, Srivillipudur, Virudhunagar District.

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

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M.NIRMAL KUMAR, J.

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