Madras High CourtWP(MD)/20985/2019disposed of

M.Modi Karthick v. The Secretary To Govt.,

2019-09-30Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Modi Karthick .. Petitioner Vs.

1. The Secretary to Government Government of Tamil Nadu Home Department Fort.St.George, Chennai- 600 009

2. The Director General of Police No.1, Dr.Radhakrishnan Salai Mylapore, Chenni- 600 004

3. The Inspector General of Police South Zone, Madurai

4. The Superintendent of Police Theni District, Theni ..Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents herein to restore the police protection to the petitioner forthwith which was given earlier to the petitioner till 10.06.2019 For Petitioner : Mr.K.Hema Karthikeyan For Respondents : Mr.R.Anandharaj No.1 to 4 Additional Public Prosecutor

ORDER

This Petition has been filed to direct the respondents herein to restore the police protection to the petitioner forthwith which was given earlier to the petitioner till 10.06.2019

2. It is the grievance of the petitioner that he has submitted a request to the Inspector of Police, Uthamalapalayam Police Station on14.08.2019 to restore the police protection given to him which was given earlier, which has not been considered by the third respondent till date and therefore, he has filed the present writ petition.

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3. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

4. In view of the limited prayer sought for in this writ petition and without going into the merits of the case, there shall be a direction to the third respondent to consider the petitioner's request dated 14.08.2019 after verifying the present scenario and pass orders on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5. Further the learned Additional Public Prosecutor would submit that no representation is pending on the file of the third respondent. Therefore the petitioner is directed to submit a fresh representation along with the copy of this order to the third respondent.

6.. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS ) To

1. The Secretary to Government Government of Tamil Nadu Home Department Fort.St.George, Chennai- 600 009

2. The Director General of Police No.1, Dr.Radhakrishnan Salai Mylapore, Chenni- 600 004

3. The Inspector General of Police South Zone, Madurai 2/3

4. The Superintendent of Police Theni District, Theni.

5. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.K. HEMAKARTHIKEYAN, Advocate ( SR-90929[F] dated 03/10/2019 ) W.P (MD).No.20985 of 2019 30.09.2019 aav VB(18.10.2019) 3P 7C 3/3