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Madras High CourtWP(MD)/18064/2014dismissed

P.Christopher Raj, v. The Supdt. Of Police,

2021-07-02Honourable Mr Justice B.Pugalendhi2 pages

WP(MD)No.18064 of 2014 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.18064 of 2014 and M.P.(MD)No.1 of 2014 P.Christopher Raj : Petitioner Vs.

1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.Muthu, Inspector of Police, Kuzhithurai Police Station at Marthandam, Kanyakumari District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to initiate appropriate action on the representation of the petitioner dated 16.10.2014, within a time frame that may be stipulated by this Honourable Court.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.S.Ravi, Standing Counsel for the State for R.1 *****

ORDER

This writ petition is filed by the petitioner for a writ of mandamus directing the respondents to initiate appropriate action on his representation dated 16.10.2014.

2. The grievance of the petitioner in the representation dated 16.10.2014 is that he is a member of Marthandam Bee Keepers Cooperative Society Ltd and in that Society, a fraud has been committed by the then President by utilizing the calamity. Therefore, the petitioner has lodged a complaint as against the then President of the Society. The second respondent herein, then Inspector of Police, who supported the President, has framed a false complaint against the petitioner on 09.10.2014 and in that pretext, he has also harassed the petitioner and his family members. However, it appears that no criminal case was registered as against this petitioner. The grievance of the petitioner is that for having lodged a complaint as against the then President of the Society, at https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD)No.18064 of 2014 the instance of the President, the second respondent Inspector of Police has harassed him by creating a false complaint.

3. Learned Standing Counsel appearing for the State filed a status report stating that as stated in the petition, there was no complaint as against the petitioner and no case was registered as against him in the year 2014 and the allegation of harassment is also false. However, he would submit that there is dispute between the petitioner and the other group in the Society, wherein, the petitioner has taken away the ballot papers of the Society Election in the year 2019, for which, a criminal case was registered against him and others in Crime No.277 of 2019 under Sections 342, 461, 380, 435 IPC and Section 3(i) of TNPPDL Act. He would further submit that apart from the same, the petitioner is also involved in several other criminal cases. He also submit that the concerned Inspector of Police, against whom the petitioner has made certain allegations is no more the Inspector of Police in Kuzhithurai Police Station at Marthandam.

4. For the alleged harassment in the year 2014 by the second respondent, the present petition is filed. The second respondent is no more the Station House Officer in Kuzhithurai Police Station at Marthandam and no case was registered as against the petitioner in the year 2014. In view of the passage of time and since no case was either registered or pending as against this petitioner at the relevant point of time, this Court is of the view that no useful purpose will be served by ordering any enquiry in this petition.

5. Accordingly, this writ petition stands dismissed. No costs. Pending miscellaneous petitions, if any, shall stand closed. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) gk To The Superintendent of Police, Kanyakumari District, At Nagercoil.

+1 CC to M/s.S.C.HEROLD SINGH, Advocate ( SR-21119[F] dated 05/07/2021 ) +1 CC to M/s.SPL GP ( SR-16539[F] dated 19/04/2021 ) WP(MD)No.18064 of 2014 02.07.2021 CN(12.07.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2