Madras High CourtWP(MD)/15280/2021disposed of

Hemalatha v. The Superintendent Of Police

2021-08-26Honourable Mr Justice A.D.Jagadish Chandira2 pages

W.P.(MD)No.15280 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.08.2021

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD)No.15280 of 2021 Hemalatha ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai 2.The Deputy Superintendent of Police Samayanallur Circle Madurai District 3.The Inspector of Police Nagamalai Puthukottai Police Station Madurai District ...Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, by directing the respondents herein to take necessary action by considering the petitioner's representation dated 05.08.2021 and act upon the same, within the time limit fixed by this Court.

For Petitioner : Mr.M.Jegadeeesh Pandian For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents herein to take necessary action by considering the petitioner's representation dated 05.08.2021 and act upon the same, within the time limit fixed by this Court.

2.The learned counsel for the petitioner would submit that the petitioner has sent a representation to the respondent dated 05.08.2021 and no action has been taken, thereby the present petition has been filed seeking for writ of mandamus. 3.The learned Additional Public Prosecutor would submit that there is no instructions.

4.This Court carefully perused the representation dated 05.08.2021. Perusal of the representation shows that it is nothing but a complaint to take action against one Anuradha. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.15280 of 2021 5.The petitioner in the guise of mandamus has sought for direction to register a case. In view of the Judgment of the Hon'ble Division Bench of this Court in Crl.O.P.(MD)No.13681 of 2018 and batch of cases, dated 20.09.2018, the petition of this nature is not maintainable. This Court is not bound to direct the police to register the complaint.

6.In the event of the respondent not considering the representation the petitioner is at liberty to work out his remedy in accordance with the guidelines given by the Honourable Division Bench of this Court in the decision referred supra and in accordance with the provisions contemplated under the Code of Criminal Procedure.

7.With the above direction, this writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) To 1.The Superintendent of Police, Madurai District, Madurai 2.The Deputy Superintendent of Police Samayanallur Circle Madurai District 3.The Inspector of Police Nagamalai Puthukottai Police Station Madurai District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.15280 of 2021 26.08.2021 RS (14.09.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2