Gurunathan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR Gurunathan ... Petitioner Vs

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Othakadai Police Station, Madurai City.

3. Saranya Devi

4. Jeganathan ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct enquiry by taking into account the representation dated 06.09.2024 and to initiate appropriate action against 3rd and 4th respondents. For Petitioner : Ms.A.Rajini For Respondents :Mr.A.Thiruvadikumar (R1-R2) Additional Public Prosecutor 1/5

ORDER

This Writ Petition has been filed seeking a Writ of Mandamus, directing the respondents 1 and 2 to conduct enquiry by taking into account the representation, dated 06.09.2024 and to initiate appropriate action against the 3rd and 4th respondents.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3.The contention of the petitioner is that there was a money dispute between the petitioner and the respondents 3 and 4. The respondents 3 and 4 borrowed money from the petitioner and refused to return back and also threatened him with dire consequences. In this regard, the petitioner has sent a complaint against the respondents 3 and 4, however, no action was taken against them. 2/5

4. 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.

5. In view of the limited prayer sought for by the petitioner in the petition without going into the merits of the case there shall be a direction to the respondent Police to consider the representation of the petitioner and conclude the enquiry and pass orders on its merits and in accordance with law within a period of three weeks from the date of receipt of a copy of this order.

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6. With the above direction the Writ Petition stands disposed of.

09.01.2025 NCC : Yes/No Index: Yes/No PNM To

1. The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

2. The Inspector of Police, Othakadai Police Station, Madurai City.

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

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M.NIRMAL KUMAR, J.

PNM ORDER IN 09.01.2025 5/5