Mrs.Joymohan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2017

CORAM

THE HON'BLE MR.JUSTICE P.N.PRAKASH W.P.(MD) No.10205 of 2017 and W.M.P.(MD) No.7830 of 2017 Mrs.Joymohan ... Petitioner -vs1.

THE INSPECTOR OF POLICE, SH 83, ANNA NAGAR POLICE STATION, PALANI-624 601.

2.

EX.FR.JEYASEELAN STAFF QUARTERS OF LITTLE FLOWER PRIMARY SCHOOL, CONVENT SCHOOL ROAD, PALANI-624 601.

3.

SONY@JOSEPHINE W/O.EX.FR.JEYASEELAN, TEACHER, LITTLE FLOWER PRIMARY SCHOOL, CONVENT SCHOOL ROAD, PALANI-624 601.

4.

MR.JAYASEELAN TEACHER, AYAN NATHAMPATTI, R.C.SCHOOL, SRIVILLIPUTHUR.

... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of Mandamus, directing the 1st respondent to hold enquiry with 2nd to 4th respondents in the presence of petitioner on the issue of fraud and cheating and consequently 1st respondent to take suitable action on 2nd to 4th respondents based on representation dated 19.04.2017. For Petitioner :

Mr.I.Arockiaselvaraj For R1 :

Mr.T.S.Mohammed Mohideen, Addl. Govt. Pleader For R2 to R4 :

M/s.Sarvabhuman Associates *****

O R D E R

This petition has been filed, seeking to direct the 1st respondent to hold enquiry with 2nd to 4th respondents in the presence of petitioner on the issue of fraud and cheating and https://hcservices.ecourts.gov.in/hcservices/

consequently 1st respondent to take suitable action on 2nd to 4th respondents based on representation dated 19.04.2017.

2. It is seen that this petitioner has given a complaint dated 19.04.2017 against R2 to R4 and thereafter, has filed the present petition. In the considered opinion of this Court, the prayer as framed by the petitioner is not maintainable, inasmuch as there is no statutory duty cast upon the Police to consider the representation of the petitioner and conduct enquiry in his presence.

3. Hence, this petition is closed with liberty to the petitioner to work out her remedy in accordance with law laid down by this Court in Sugesan Transport Pvt. Ltd. represented by its Director Rajendra Sheth No.7C, Second Canal Cross Road Gandhi Nagar Adyar, Chennai 600 020 vs. The Assistant Commissioner of Police, J-2, Adyar Police Station, Adyar, Chennai 600 020 and another, reported in 2016 (2) CTC 286. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To:

1.

The Inspector of Police, SH 83, Anna Nagar Police Station, Palani-624 601.

+1cc to Mr.I.Arockiaselvaraj, Advocate Sr.No.60170 +1cc to M/s.Sarvabhuman Associates, Sr.No.60343 +1cc to Spl.Government Pleader Sr.No.60446 AR VB/SV/MMS/SAR1/21.06.2017/2P/5C W.P.(MD) No.10205 of 2017 14.06.2017 https://hcservices.ecourts.gov.in/hcservices/