L.N.Nithyanantham v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.3483 of 2025 L.N.Nithyanantham ... Petitioner Vs.

1. The Chairman, Tamil Nadu State Commission of Women, Kalas Mahal, 1st floor, Chepauk, Chennai - 600 005

2. The Superintendent of Police, Pudukkottai District, Pudukkottai.

3. Dr.S.Ramadoss

...Respondents

PRAYER: Writ Petition is filed under Article 227 of Constitution of India, praying for issuance of Writ of Mandamus, to direct the 2nd respondent to take appropriate action against the 3rd respondent on my complaint dated 14.08.2024 by complying with the letter issue by the 1st respondent commission vide proceedings dated 27.09.2024, within a reasonable time to be fixed by this Court.

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For Petitioner : Mr.P.Chandrasekaran For Respondents :

For R1 : Mr.M.Senthil Ayyanar Government Advocate For R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This writ petition has been filed by the petitioner to direct the 2nd respondent to take appropriate action against the 3rd respondent on the complaint dated 14.08.2024 by complying with the letter issued by the 1st respondent Commission vide proceedings dated 27.09.2024, within a time fixed by this Court.

2. According to the petitioner, the 3rd respondent lodged a false complaint against the petitioner before the District Crime Branch, Pudukkottai and the same was strongly contested, and it went up to the Hon'ble Supreme court and ended in the petitioner's favour. On various occasions, the petitioner has given various complaints to the 2nd respondent requesting to grant adequate police protection, but no action was taken. While so, on 05.11.2023, at about 8.15 a.m, on the instigation Page No. 2 of 6

of the 3rd respondent, a person came to the house of the petitioner when he was not available and the said person threatened his mother, wife and relatives who were in the house at that time. Therefore, he lodged a complaint before the 3rd respondent on 10.11.2023, but no action was taken. Already he filed a W.P.(MD) No.28000 of 2023 and thereafter, as per the order of this Court dated 28.11.2023, they registered a case in Crime No.381 of 2023. Even after, the 3rd respondent continued to threaten the petitioner and his family members.

3. On 05.03.2024, on the instigation of the 3rd respondent, one unknown person came in a motor cycle and threatened his mother in front of the petitioner and threw two page hand written letter and a pen drive. The pen drive contained conversations in filthy language and the 3rd respondent made derogatory statement about the modesty of the women in general. Immediately, the petitioner lodged a complainant along with the copy of the letter and pen derive before the All Women Police Station, Ganesh Nagar Police Station, Pudukkottai on 12.03.2024, but no action was taken. Thereafter, the petitioner lodged a complaint before the 2nd respondent on 11.06.2024 for providing necessary police protection and he filed a Writ Petition (MD) No.16132 of 2024 and the same was Page No. 3 of 6

disposed of with liberty to the petitioner to appear before the respondent police for redressal of his grievance. For that, he appeared before the respondent police on 11.08.2024 and thereafter, no progress in the enquiry. In the mean time, the 1st respondent after verifying the complaint and the audio plays, directed the 2nd respondent to take steps, but the 2nd respondent has not taken any steps. Therefore, the petitioner has filed this petition.

4. Mr.M.Senthil Ayyanar, learned Government Advocate takes notice for the 1st respondent and Mr.R.M.Anbunithi, learned Additional Public Prosecutor takes notice for the 2nd respondent.

5. The learned Additional Public Prosecutor appearing for the 2nd respondent would submit that there is a money dispute pending between the petitioner and the 3rd respondent and already, they received the representation of the petitioner. However, the petitioner does not cooperate for the enquiry and they issued summons on 11.08.2024, but the petitioner did not appear to the summons. Therefore, the enquiry is still pending.

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6. Considering the limited scope of prayer of the petitioner, this Court is inclined to pass orders without issuing notice to the 3rd respondent.

7. Since the 2nd respondent police admitted the receipt of representation of the petitioner and his grievance is that the petitioner has not been cooperating, therefore it is appropriate to direct the petitioner to appear before the 2nd respondent on 17.02.2025, accordingly ordered. After appearance of the petitioner, the 2nd respondent is directed to dispose of the representation of the petitioner within a week from the date of receipt of this Order. As far as the consideration of the order of the 1st respondent is concerned, it is for the 2nd respondent to take decision on merits and in accordance with law.

8. In view of the above said observations and directions, this Writ Petition is disposed of . No costs.

07.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 5 of 6

Note: The Registry is directed to issue order copy today. P.DHANABAL , J.

mac To The Chairman, Tamil Nadu State Commission of Women, Kalas Mahal, 1st floor, Chepauk, Chennai - 600 005

2. The Superintendent of Police, Pudukkottai District, Pudukkottai..

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Note: The Registry is directed to issue order copy today. W.P(MD)No.3483 of 2025 07.02.2025 Page No. 6 of 6