Muthulakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:28.08.2023

CORAM

THE HON'BLE DR.JUSTICE D.NAGARJUN Muthulakshmi ... Petitioner Vs.

1.The District Collector, Collectorate, Sivagangai, Sivagangai District.

2.The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai, Sivagangai District.

3.The Superintendent of Police, 'Q' Branch CID, Mylapore, Chennai-PIN-600 004.

4.The Special Sub Collector, Srilanka Refugee Camp, Mandapam, Ramanathapuram District.

... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 and 3 to conduct the enquiry following the Communication sent by the District Collector (I.e.,) the first respondent vide Na.Ka.No.E2/13230/2022 dated 05.08.2022 and conclude the same within a stipulated period fixed by this Court and take necessary action against the illegal immigrants to save the interest of innocent people.

For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.B.Thanga Aravindh Government Advocate (crl.side) - - - - - -

O R D E R

This Writ Petition is filed seeking for a direction to 'Q' Branch Police (i.e.,) the respondents 2 and 3 to reply to the District Collector as per the letter dated 05.08.2022.

2. It is submitted by the learned counsel appearing for the petitioner that the petitioner and many other persons have been cheated by one Mahendran Sappani and his son, Manoj Sappani and in respect of 2/6

that, the petitioner and others have filed a complaint before the first respondent/District Collector, Sivagangai District, on which, the first respondent has requested 'Q' branch of the Police to send a report. According to the learned counsel for the petitioner, the said 'Q' Branch has not sent the report to the District Collector, even though more than one year have been lapsed. Therefore, sought for suitable direction to the 'Q' Branch to reply to the District Collector.

3. This Writ Petition is misconceived. The petitioner is not seeking directions to the Police Department in respect of the offences alleged against the proposed accused. The petitioner is seeking a direction in respect of internal correspondence between the first respondent/District Collector and the 'Q' Branch of Police. In case, if the petitioner is aggrieved by inaction of 'Q' Branch in not sending the reply, the petitioner can file an appropriate application before the District Collector or before 'Q' Branch Police. In case if the petitioner is having any complaint against the proposed accused, a complaint should have been given to the respondent Police. If any such complaint is filed, the 3/6

respondent Police shall enquire the same. In view of the above, the relief sought in the writ petition cannot be granted.

4. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

28.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No ssb/mvs.

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To 1.The District Collector, Collectorate, Sivagangai, Sivagangai District.

2.The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai, Sivagangai District.

3.The Superintendent of Police, 'Q' Branch CID, Mylapore, Chennai-PIN-600 004.

4.The Special Sub Collector, Srilanka Refugee Camp, Mandapam, Ramanathapuram District.

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

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DR.D.NAGARJUN,J ssb/mvs.

Dated:28.08.2023 6/6