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Madras High CourtWP(MD)/2967/2022disposed of

Panneerselvam .K v. The Superintendent Of Police

2022-02-15Honourable Mr Justice G.K. Ilanthiraiyan2 pages

W.P (MD).No.2967 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No.2967 of 2022 K.Panneerselvam ... Petitioner Vs.

1.The Superintendent of Police Office of the Superintendent of Police, Subramaniapuram, Tiruchirappalli District-620 020.

2.The Sub-Inspector of Police, Navalpattu Police Station, Navalpattu, Tiruchirappalli District.

... Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct proper enquiry and take appropriate action on the basis of the petitioner's representation, dated 27.01.2022 in accordance with law after giving opportunity of hearing to him. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Petition has been filed seeking for a direction to the respondents to conduct proper enquiry and take appropriate action on the basis of the petitioner's representation, dated 27.01.2022. 2.The case of the petitioner is that he was elected as President of Palangalangudi Village Panchayat and he has been doing the yeomen service for the people for the past two years. Whileso, the Panchayat Board meeting was conducted in the Office of the Palangalangudi Panchayat on 29.12.2021 and there was some dispute between the Vice President and one Mr.S.Mohan with regard to the overhead water tank situated in the panchayat. Due to which, the Vice President and Others abused the said Mohan in filthy language. In this regard, when the petitioner enquired about the incident in order to pacify them, the said Vice President and others abused the petitioner in filthy language and also criminally intimidated him. Therefore, the petitioner filed the present writ petition with the above said prayer.

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W.P (MD).No.2967 of 2022 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. 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. 4.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 second respondent to consider the petitioner's representation dated 27.01.

2022 after issuing notice to the counter parties, if any, and pass orders on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) sji To 1.The Superintendent of Police Office of the Superintendent of Police, Subramaniapuram, Tiruchirappalli District-620 020.

2.The Sub-Inspector of Police, Navalpattu Police Station, Navalpattu, Tiruchirappalli District.

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

+1 CC to M/s.D.SHANMUGARAJA SETHUPATHI, Advocate ( SR-6406[F] dated 16/02/2022 ) W.P (MD).No.2967 of 2022 15.02.2022 SS/24.02.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2