Madras High CourtWP(MD)/25537/2024dismissed

R. Veluthai v. The Revenue Divisional Officer

2024-10-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2024

CORAM:

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Veluthai ... Petitioner Vs.

1.The Revenue Divisional Officer, Periyakulam, Theni District. 2.The Superintendent of Police, Theni District. 3.The Deputy Superintendent of Police, Theni, Theni District. 4.Subbulakshmi 5.Manikandan 6.Senrayan 7.M.Kavitha 8.Kaliyammal 9.Pandi @ Pandiyan 10.Muthuramalingam 11.Gowri 12.Latha ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the second and third respondents herein to initiate criminal prosecution against the respondents 4 to 10 herein as per the proceedings of the first respondent in Moo.Mu.No.2704/2024/A2 dated 30.08.2024 to the third respondent 1/4

herein and as per the representation of the petitioner dated 13.05.2024 within a reasonable time as may be fixed by this Court. For Petitioners : Mr.K.Appadurai For R1 : Mr.M.Muthumanikkam, Government Advocate(Civil Side) For R2 & R3 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

For R4 to R12 : Mr.T.Wins

ORDER

This writ petition has been filed seeking orders to direct the second and third respondents herein to initiate criminal prosecution against the respondents 4 to 10 herein as per the proceedings of the first respondent in Moo.Mu.No.2704/2024/A2 dated 30.08.2024 to the third respondent herein and as per the representation of the petitioner dated 13.05.2024 within a time frame.

2.The first respondent is present before this Court and would admit that without passing any order, directly sent the communication dated 30.08.2024 to the Deputy Superintendent of Police to take Police action as against the persons named in the letter.

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3.As rightly pointed out by the learned Additional Public Prosecutor, the first respondent, without passing any orders has directly sent the communication dated 30.08.2024 for taking action and the same cannot be sustained.

4.In view of the above, the question of directing the second and third respondents to take action in pursuance of the communication dated 30.08.2024 does not arise at all. Accordingly, this writ petition is dismissed. No costs.

28.10.2024 NCC :yes/No Index :yes/No Internet:yes/No gns To 1.The Revenue Divisional Officer, Periyakulam, Theni District. 2.The Superintendent of Police, Theni District. 3.The Deputy Superintendent of Police, Theni, Theni District. 3/4

K.MURALI SHANKAR ,J.

gns 28.10.2024 4/4