Madras High CourtWP(MD)/7190/2025closed

Gunasekaran v. The Superintendent Of Police

2025-03-18Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Gunasekaran ... Petitioner Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Athirampattinam Police Station, Athirampattinam, Thanjavur District.

3.R.S.Balamurugan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation, dated 20.12.2024 and conduct enquiry, take necessary action against the third respondent and pass such further or other orders as this Court. For Petitioner : Mr.M.Silambarasan 1/5

For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The present petition has been filed for issuance of Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation, dated 20.12.2024.

2. According to the petitioner, he lodged a complaint against the third respondent before the second respondent for the house breaking and theft of jewels and other valuables worth about Rs.12,00,000/-. But after receipt of the complaint, the second respondent has not taken any steps. Therefore, the petitioner sent a representation, dated 20.12.2024 but the same has not been considered. Hence, the petitioner filed this petition.

3. The learned Additional Public Prosecutor appearing for the official respondents would submit that they received the representation of the petitioner, dated 20.12.2025 and they conducted enquiry and the same was closed on 25.01.2025. Therefore, nothing survives for further 2/5

adjudication in the present case. Today the copy of the closure report is also furnished to the petitioner.

4. Considering the limited scope of prayer sought for in this petition, this Court even without issuing notice to the third respondent inclined to pass orders.

5. According to the petitioner, he lodged a complaint against the third respondent before the second respondent on 29.10.2024 and thereafter, he sent a representation on 20.12.2024 but no action was taken. Hence, the petitioner filed this petition. The learned Additional Public Prosecutor appearing for the official respondents also admitted the receipt of complaint from the petitioner and the same was closed on 25.01.2025 after conducting enquiry.

6. Since the prayer of the petitioner is to consider the representation and to take action and already the representation was considered and the same was closed, it is for the petitioner to challenge the same in the manner known to law, is he is aggrieved. 3/5

7. In view of the same, preserving the liberty of the petitioner to challenge the closure of the complaint in the manner known to law, this writ petition stands closed. There shall be no order as to costs. 18.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Athirampattinam Police Station, Athirampattinam, Thanjavur District.

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P.DHANABAL, J.

BTR 18.03.2025 5/5