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Madras High CourtWP(MD)/15501/2020disposed of

Mohammed Thasin v. The Commissioner Of Police

2020-11-06Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Mohammed Thasin ... Petitioner Vs.

1)The Commissioner of Police, O/o.The Commissioner of Police, Tirunelveli City.

2.Mahalakshmi The Inspector of Police , Melapalayam Police Station, Tirunelveli District.

3.Arunachalam, Special Sub-Inspector of Police, Intelligence Unit (IS), Tirunelveli .

4.Prabhu, Police Constable, Intelligence Unit (IS), Tirunelveli City.

5.Subramanian, Sub-Inspector, Intelligence Unit (IS), Tirunelveli .

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to take appropriate action against the respondents 2 to 5 by considering the petitioner's representation dated 21.10.2020. For Petitioner :

Mr.S.M.A.Jinnah For 1st Respondent :

Mr.R.Srinivasan, Government Advocate

ORDER

The writ petition has been filed for issuance of a Writ of Mandamus, directing the first respondent to take appropriate action against the respondents 2 to 5 by considering the petitioner's representation dated 21.10.2020.

2.The petitioner submits that he is supplying all meats to the shops situated at Melapalayam area. In the year 2007, he was falsely implicated as an accused in case in Crime No.270 of 2007 and 1/3

he was convicted in the said crime. Later he appealed before the Hon'ble High Court, against the life sentence passed by the Trial Court, in which, the life sentence was reduced to 7 years. Against which, he has preferred a second appeal and the same is pending till now. In the year 2012, all over the country the muslim people made allegations against some persons and made a black mark against Nabigal Nayagam. On that time, the second respondent put a false case against the Muslim people, due to that the petitioner was falsely implicated in Crime Nos.1222, 1223, 1224 and 1236 of 2012 and the same are pending. In the year 2013, the second respondent implicated the petitioner as an accused in one bomb case pending in C.C.No.7 of 2016. The second respondent implicated him as an accused in another case in Crime No.651 of 2017.

According to the petitioner, the aforesaid cases are pending against him are wantonly keep pending by the second respondent due to the instructions given by the respondents 3 to 5. Due to threat, the second respondent implicated him as an accused in Crime Nos.776 and 887 of 2020 based on the confession given by the concerned accused. Due to continuous harassment of the respondents 2 to 5, the petitioner sent a representation, dated 21.10.2020 to the first respondent to take appropriate action against the respondents 2 to 5. As there is no response, this writ petition has been filed.

3.Learned counsel for the petitioner would submit that it would be suffice if a direction is issued to the first respondent to consider and pass orders on the petitioner's representation dated 21.10.2020 within a time frame to be fixed by this Court. 4.Learned Government Advocate appearing for the respondents would state that the first respondent will pass orders on the petitioner's representation dated 21.10.2020 within the time frame. 5.Considering the limited relief sought for, without expressing any opinion on the claim made by the petitioner, this writ petition is disposed of directing the first respondent to consider and pass orders on the representation of the petitioner dated 21.10.2020 in accordance with law within a period of two months from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) rm 2/3

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 Commissioner of Police, O/o.The Commissioner of Police, Tirunelveli City.

2)The Public Prosecutor, Madurai Bench of Madras High Court,Madurai.

DATED : 06.11.2020 CK(CO) AP(24/11/2020) 3 P 3C 3/3