T.Karunakaran v. The Director General Of Police

1 W.P.(MD)NO.14417 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.14417 of 2020 T.Karunakaran ... Petitioner Vs.

1. The Director General of Police, Office of the Director General of Police, Police Head Quarters, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Inspector General of Police, South Zone, No.1, New Natham Road, Bi.Bi.Kulam, Race Course Colony, Madurai - 625 002.

3. The Deputy Inspector General of Police, NH-45, Trichy Bye Pass Road, Seelapadi, Dindigul - 624 005.

4. The Superintendent of Police, Office of the Superintendent of Police, Dindigul,

5. The Deputy Superintendent of Police,

6. The Inspector of Police, 1/6

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7. Saraswathi, D/o.Kannan, Formerly Inspector of Police, (Now retired),

8. The Sub Inspector of Police,

9. Kalaivani, W/o.Kalaiselvan, Formerly Sub Inspector of Police, (Now promoted to Inspector of Police), ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth respondent to consider and pass appropriate orders on the representation of the petitioner dated 29.10.2019 within a stipulated period as that may be fixed by this Court. For Petitioner : Mr.A.Saravanan For R-1 to R-6 & R-8 : Mr.R.Srinivasan, Government Advocate(Crl. Side).

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for respondents 1 to 6 and 8.

2. Considering the nature of relief to be granted, notice to the ninth respondent is dispensed with.

3. The petitioner was prosecuted for the matrimonial offences in C.C.No.260 of 2016 on the file of the Judicial Magistrate, Oddanchathiram. The case ended in acquittal. It appears that in the said case, ninth respondent though worked as Sub Inspector of Police signed the final report as if she is the Inspector of Police. This has been found to be an act of misconduct by the fifth respondent. In this regard, the petitioner placed materials before the fifth respondent. The fifth respondent has forwarded the same to the 2/6

3 W.P.(MD)NO.14417 OF 2020 fourth respondent. The petitioner has given a representation to the fourth respondent seeking action.

4. I indicated that it would not be open to this Court to direct the competent authority to take disciplinary action against the subordinate official. But then, the petitioner's counsel submitted that all that the petitioner wants is the fourth respondent will look into his representation and take action in the matter. He does not insist that this Court should pass any positive direction. I therefore direct the fourth respondent to look into the petitioner's representation and take appropriate action in accordance with law. I make it clear that this order will not be construed as casting any aspersion on the credentials of the ninth respondent. The rights of the ninth respondent are left entirely open.

5. This writ petition stands disposed of with these terms. Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To:

1. The Director General of Police, Office of the Director General of Police, Police Head Quarters, No.1, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2. The Inspector General of Police, South Zone, No.1, New Natham Road, Bi.Bi.Kulam, Race Course Colony, Madurai - 625 002.

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3. The Deputy Inspector General of Police, NH-45, Trichy Bye Pass Road, Seelapadi, Dindigul - 624 005.

4. The Superintendent of Police, Office of the Superintendent of Police, Dindigul,

5. The Deputy Superintendent of Police,

6. The Inspector of Police,

7. The Sub Inspector of Police,

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

+1 CC to M/s.A. SARAVANAN, Advocate ( SR-20304[F] dated 16/10/2020 ) W.P.(MD)No.14417 of 2020 15.10.2020 pmu SDS (29.10.2020) 4P-10C 4/6