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Madras High CourtWP(MD)/22762/2025dismissed

Perumal v. The Director General Of Police

2025-08-21Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Perumal ... Petitioner vs.

1. The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai.

2. The Superintendent of Police, Dindigul, Dindigul District.

3. Lavakumar (Constable) ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to take departmental action against the third respondent pendency of Crime No.271 of 2023 on the file of the Inspector of Police, Thadikombu Police Station, Dindigul District, under the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955, based on the petitioner's representation dated 03.07.2025.

For Petitioners : Mr.G.Radhakrishnan 1/6

For Respondents : Mr.S.R.A.Ramachandran Addl. Government Pleader for R1 and R2

O R D E R

This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents 1 and 2 to take departmental action against the third respondent, pending investigtion in Crime No.271 of 2023 on the file of the Inspector of Police, Thadikombu Police Station, Dindigul District, under the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955, based on the petitioner's representation dated 03.07.2025. 2.Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the third respondent is dispensed with.

3. The learned counsel for the petitioner submits that the petitioner is the owner of the land in Survey Nos. 300, 305, 306 and 379, measuring a total extent of 13 acres and 31 cents, situated at Seelapadi Village, Dindigul Taluk, 2/6

Dindigul District. The said land was illegally occupied by the third respondent, who is a police constable, by forging documents. Thereafter, the petitioner filed a petition under Section 156(3) of the Cr.P.C. before the learned Judicial Magistrate No.II, Dindigul, in Cr.M.P. No.5429 of 2025. Pursuant to the said order, a case was registered against the third respondent in Crime No.271 of 2023, dated 05.09.2023, for offences punishable under Sections 420 and 506(ii) of the IPC. In this regard, the petitioner submitted a representation dated 05.07.2025 to respondents 1 and 2, seeking initiation of departmental action against the third respondent. As no action was taken on the said representation, the petitioner has filed the present Writ Petition before this Court.

4. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the respondents 1 and 2 to consider the representation of the petitioner dated 05.07.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court.

5. On the other hand, the learned Additional Government Pleader appearing on behalf of the respondents 1 and 2 submitted that the case registered 3/6

against the third respondent in Crime No.271 of 2023 has been referred as a 'Mistake of Fact' and the referred charge sheet has also been filed before the learned Judicial Magistrate No.II, Dindigul. Notice has been served on the petitioner and the next hearing date is fixed on 01.11.2025. He further submitted that it is open to the petitioner to file a protest petition before the concerned trial Court. With regard to disciplinary proceedings, he submitted that the third respondent is already involved in another criminal case and has been placed under suspension.

6. In view of the submission made by the learned Additional Government Pleader, no further orders are required to be passed in the writ petition and accordingly, the writ petition stands dismissed. However, the petitioner is at liberty to work out his remedy in the manner known to law, as against the third respondent. No costs.

21.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN 4/6

To

1. The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai.

2. The Superintendent of Police, Dindigul, Dindigul District.

5/6

M.DHANDAPANI ,J.

PKN ORDER MADE IN DATED : 21.08.2025 6/6