Nilson, v. The Inspector General Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.13150 of 2018 Nilson ... Petitioner Vs.

1. The Inspector General of Police, South Zone, Madurai.

2. The Deputy Inspector General of Police, Tirunelveli,Tirunelveli District.

3. The Superintendant of Police, Kanyakumari District, Kanyakumari.

4. Soleman Raja, The Sub-Inspector of Police, Puthukadai Police Station, Kanyakumari District.

5. Sridhar, Inspector of Police, Puthukadai Police Station, Kanyakumari District.

6.Sudharson, Head Constable, Puthukadai Police Station, Kanyakumari District.

7.Rajarethinam, Head Constable, Puthukadai Police Station, Kanyakumari District.

8. Ashokan, Police Constable, (Driver), Puthukadai Police Station, Kanyakumari District.

...Respondents

Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 3rd respondent to take necessary appropriate action against the respondents 4 to 8

herein by considering petitioner's representation dated 05.05.2018.

For Petitioner : Mr.S.Ramasamy For R1 to R3 : Mr.P.Kannidevan Additional Government Pleader

O R D E R

This Writ Petition has been filed to direct the third respondent to take appropriate action against the respondents 4 to 8 herein by considering the petitioner's representation dated 05.05.2018.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3.According to the learned counsel for the petitioner, the petitioner made a representation to the respondents 1 to 3 on 05.05.2018 to take necessary action against the respondents 4 to

8. Since no action has been taken by the respondents 1 to 3, the petitioner is before this Court with the aforesaid prayer. 4.The learned Additional Government Pleader appearing for the official respondents would submit that the complaint lodged by the petitioner has been enquired and during enquiry it came to know that the petitioner has made this complaint to wreck vengeance, due to land dispute, against the proposed accused. Hence, the complaint was closed as mistake of fact. The closure report is also filed before this Court.

5.The learned counsel for the petitioner seeks a copy of the said report.

6.The learned Additional Government Pleader undertakes to serve copy of the said closure report to the petitioner. 7.In view of the above submission made by the learned Additional Government Pleader, since the complaint lodged by the petitioner was enquired and closed as mistake of fact, the prayer sought for by the petitioner becomes infructuous. Accordingly, this Writ Petition is dismissed as infructuous. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar

To

1. The Inspector General of Police, South Zone, Madurai.

2. The Deputy Inspector General of Police, Tirunelveli, Tirunelveli District.

3. The Superintendent of Police, Kanyakumari District, Kanyakumari.

+ 1 cc TO Mr.S.Ramasamy , Advocate in SR No. 69439 • 1 cc TO The Special Government Pleader in SR No. 69576 • ta AE/SKN RSK/SAR1/05.07.2018/3P/6C W.P.(MD) No.13150 of 2018 22.06.2018