N.Vasantha v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.10.2018
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.21168 of 2018 N.Vasantha ... Petitioner Vs.
1. The Superintendent of Police, Dindugal, Dindugal District.
2. The Deputy Superintendent of Police, Ottanchathiram Division, Dindugal District.
3. The Inspector of Police, Sempatti Police Station, Dindugal District.
... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents to grant permission and protection to make a continuous Dharna in a peaceful manner with Mahatma Gandhi image to attract the government attention at the venue of Sempatti Bus stand or Sempatti Sandhai or near to the "Pull Vetti Kamma" at the outer of the sempatti city from 13.10.2018 on the basis of the representation given by the petitioner dated 06.10.2018.
For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.B.Bhagawathi Government Advocate
ORDER
This petition has been filed seeking for permission to conduct Dharna near Sempatti bus stand at Athur Taluk, Dindugal District. 2.The case of the petitioner is that the company named PACL had received deposits from various persons. The depositors were daily wages and poor persons. After the receipt of the deposit, the said PACL company did not repay back the amount and the petitioner came to know that nearly, five thousand customers have been cheated by not repaying back the deposit, running to several crores. 3.The petitioner gave a complaint to the respondent police in order to take action against the said company, and has also chosen to give a petition to the respondent police for conducting Dharna. https://hcservices.ecourts.gov.in/hcservices/
The right involved in this case is more personal in nature and the nature of the dispute involved in this case is that several depositors who have given their hard earned money to the company were not repaid back the deposit.
4.The learned Government Advocate, for the respondents, on instructions, would submit that the petitioner has not given any complaint to the police in this regard.
5.The learned Government Advocate for the respondents further submitted that if a compliant is given by the petitioner, the respondent police will enquire into the same and take necessary action in accordance with law. Instead of doing so, the petitioner had submitted a petition seeking to conduct Dharna and the respondent police has not given any permission for the same. 6.In the facts and circumstances of the case, the relief sought for by the petitioner cannot be granted in this writ petition. It is open to the petitioner to give a detailed complaint to the third respondent with regard to the non-repayment of the deposit collected by the said company. On receipt of the said complaint, the third respondent shall proceed to take action in accordance with law. 7.This writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar (CS-III) /True Copy/ Sub Assistant Registrar (CS-IV) To
1. The Superintendent of Police, Dindugal, Dindugal District.
2. The Deputy Superintendent of Police, Ottanchathiram Division, Dindugal District.
3. The Inspector of Police, Sempatti Police Station, Dindugal District.
+ 1 CC TO Mr.S.SIVAPRAKASH, ADVOCATE IN SR No. 89845 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 90209 RMI TE/SV/SAR-2 : 09/11/2018 : P/C W.P.(MD)No.21168 of 2018 10.10.2018 https://hcservices.ecourts.gov.in/hcservices/