Madras High CourtWP(MD)/9686/2022disposed of

Rajesh .D v. The Superintendent Of Police

2022-05-11Honourable Mr Justice M.Dhandapani2 pages

W.P.(MD)No.9686 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.05.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.(MD)No. 9686 of 2022 D.Rajesh ... Petitioner Vs.

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

2.The Inspector of Police, SS Colony Police Station, Madurai District.

3.Manikandan ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, forbearing the second respondent to conduct enquiry based on the complaint of the third respondent till the disposal of the petitioner's representation dated 09.05.2022 by the first respondent.

For Petitioner : Mr.S.Saravanakumar, For Respondents : Mr.R.Suresh Kumar, Government Advocate (Criminal Side) for R1 and R2.

ORDER

This writ petition has been filed forbearing the second respondent to conduct an enquiry based on the complaint of the third respondent till the disposal of the petitioner's representation, dated 09.05.2022 by the first respondent.

2. The learned counsel for the petitioner would submit that the petitioner is running a construction company in the name and style of M/s.Honey Homes in Madurai. The third respondent is a man power agency and he arranged the labourers to the petitioner's company. Thereafter, due to pandemic situation, the petitioner's company temporarily cancelled the man power order and informed the third respondent not to arrange the labourers for the said company and also requested to repay the said amount, which was already paid by the petitioner to the third respondent. But, the third respondent refused to repay the same and has given a false complaint against the petitioner that the petitioner is liable to pay wages and the same was closed on 06.12.2021. After the closure report, the third https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9686 of 2022 respondent has given a fresh complaint before the first respondent by suppressing earlier complaint and the same was forwarded to the second respondent, for enquiry. The second respondent knowing all the facts, had forced the petitioner to settle the issue as per the whims and wishes of the third respondent. Therefore, the petitioner made a representation dated 09.05.2022 to the first respondent, but till date no action has been taken. Hence, the petitioner is constrained to file the present writ petition.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that this Court may issue direction to the first respondent to consider the petitioner's representation within the time frame as fixed by this Court. 4.Considering the above facts and circumstances, this Court is inclined to direct the first respondent to consider the petitioner's representation dated 09.05.2022 and pass orders in accordance with law as expeditiously as possible.

5.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Vacation Officer/ Assistant Registrar (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) das/lr To 1.The Superintendent of Police, Madurai, Madurai District.

2.The Inspector of Police, SS Colony Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No. 9686 of 2022 11.05.2022 MGJ(18.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2