Rahumathulla, v. State Rep.By The District

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.12346 of 2018 Rahumathulla ... Petitioner vs.

1.The State rep.by The District Collector/District Magistrate Theni District, Theni 2.The Superintendent of Police Theni District, Theni 3.The Inspector of Police Cumbum North Police Station Cumbum, Theni District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to take suitable action to protect the petitioner's life and his property and consequently direct the third respondent to provide adequate police protection to him based on his representation dated 05.06.2018.

For Petitioner :

Mr.S.Muthalraj For Respondents :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that his representation dated 05.06.2018 seeking protection for his life and his property, has not been considered by the third respondent till date and therefore, he has filed the present writ petition.

4. 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 https://hcservices.ecourts.gov.in/hcservices/

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.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's representation dated 05.06.2018 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. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons, who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The District Collector/District Magistrate, Theni District, Theni.

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

3.The Inspector of Police, Cumbum North Police Station, Cumbum, Theni District.

+1cc to Mr.NA. Palaniyandi, Advocate, SR.No.67566. W.P.(MD) No.12346 of 2018 11.06.2018 krk RAM/SV/SAR 3/14.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/