S.Deepa v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16761 of 2018 S.Deepa ... Petitioner vs.

1. The Director General of Police(Training) Police Training College, Ashok Nagar, Chennai- 83

2. The Commissioner of Police/Appellate Authority, Madurai City, Madurai.

3. The Deputy Commissioner of Police, O/o the Commissioner of Police, Madurai City, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to consider the petitioner's application dated 30.03.2018 which is filed under Right to Information Act, 2005 based on the first respondent's communication in e.f.vz;.m1 / 2148/0120/2018 dated 05.04.2018 within the time stipulated by this Hon'ble Court.

For Petitioner :

Mr.Ananth.C.Rajesh For Respondents :

Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, 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 her application dated 30.03.2018 which is filed under Right to Information Act, 2005 based on the first respondent's communication in e.f.vz;.m1 /2148/0120/2018 dated 05.04.2018, has not been considered by the second respondent till date and therefore, she https://hcservices.ecourts.gov.in/hcservices/

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 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 second respondent to consider the petitioner's application dated 30.03.2018 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.

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

Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-) To

1. The Director General of Police(Training), Police Training College, Ashok Nagar, Chennai- 83

2. The Commissioner of Police/Appellate Authority, Madurai City, Madurai.

3. The Deputy Commissioner of Police, O/o the Commissioner of Police, Madurai City, Madurai.

+ 1 CC TO Mr.M.S.JAWAHARLAL, ADVOCATE IN SR No. 76085 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 75912 AAV TE/RP/SAR-4 : 07/08/2018 : 2P/6C W.P.(MD) No.16761 of 2018 30.07.2018 https://hcservices.ecourts.gov.in/hcservices/