Abdul Kadhar Jailani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/03/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Abdul Kadhar Jailani ... Petitioner Vs

1. State of Tamilnadu Rep by the Superintendent of Police, Theni District, Theni.

2. The Inspector of Police, Uthamapalayam Police Station, Theni.

... Respondents PRAYER :- To issue a Writ of Mandamus, directing the 2nd respondent to take appropriate action upon Petitioner complaint dated 16.02.2026. For Petitioner : Mr. I Saliyakhan, Advocate.

For Respondent : Mr.S.S.Manoj Government Advocate (Crl.Side) For R1 and R2.

1/4

ORDER

This Writ Petition is filed to issue a Writ of Mandamus, directing the 2nd respondent to take appropriate action upon Petitioner complaint dated 16.02.2026.

2. The learned counsel appearing for the petitioner submitted that the petitioner had given a complaint / representation dated 16.02.2026 as against the fourth respondent before the second respondent police. However, the second respondent has not taken any action on his representation.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time. 2/4

4. In the light of the above observations, there shall be a direction to the respondents to consider the petitioner's representation dated 16.02.2026, on its own merits and pass appropriate orders in accordance with law, after giving notice to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.

5. With the above observations and directions, the Writ Petition stands disposed of.

12.03.2026 NCC : yes / no Index : yes / no pnn 3/4

L. VICTORIA GOWRI,J pnn To

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

2. The Inspector of Police, Uthamapalayam Police Station, Theni.

ORDER

IN WP CRL (MD). No.1422 of 2026 Date : 12/03/2026 4/4