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Madras High CourtWP(MD)/3111/2019disposed of

P.Pitchamani, v. The District Collector,

2019-03-25Honourable Mr Justice N. Seshasayee2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.03.2019 CORAM :

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.(MD)No.3111 of 2019 P.Pitchaimani ... Petitioner Vs.

1.The District Collector, Tirunelveli District.

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

... Respondents Prayer: Writ Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, by directing the respondents to consider and dispose of the petitioner's representation dated 19.11.2018 within the time stipulation as prescribed by this Court. For Petitioner : Mr.R.Anand For Respondents : Mrs.S.Bharathi Government Advocate (Crl. Side)

ORDER

The petitioner seeks a direction to the second respondent to consider his representation dated 19.11.2018, wherein, he has alleged that in connection with a criminal case, in which his son has been arrayed as an accused, the petitioner was badly beaten by few Policemen of Tisayanvilai Police Station. 2.The learned counsel appearing for the petitioner reiterated the substance of the representation as well as the allegations made and specifically drew the attention of this Court to the medical records available in the typed set of papers. 3.The learned Government Advocate (Crl. Side) appearing for the respondents submitted an enquiry was made, which disclosed the petitioner's son was involved in some crime. She would further submit that there was no merit in the allegation that the policemen had beaten the petitioner.

4.To this, the learned counsel appearing for the petitioner submitted that the enquiry in the said representation itself was conducted by the Officer in the rank of the Inspector of Police, who holds co-equal rank of the Officer, against whom the allegations are made.

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5. The allegation is not made with reference to the petitioner's son. The petitioner alleges that he was abused with filthy language by degrading his communal status and he was assaulted indiscriminately. This needs to be independently addressed to. In this connection, the petitioner has forwarded a representation dated 19.11.2018.

6. On hearing the above submission, this Court deems it fit to issue a direction to the respondents to consider the petitioner's representation by conducting an enquiry and thereafter, take an appropriate action in this matter. Accordingly, the respondents are directed to consider the representation of the petitioner and after conducting enquiry, take an appropriate action within a period of six weeks from the date of receipt of a copy of this order.

7. With the above direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) CM/tsg To, 1.The District Collector, Tirunelveli District.

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

W.P.(MD)No.3111 of 2019 25.03.2019 NR(CO) TR (08.05.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/