Balakrishnan v. The Superintendent Of Police

W.P (MD).No. 26241 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2019

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA W.P (MD).No. 26241 of 2019 Balakrishnan .. Petitioner Vs.

1. The Superintendent of Police Dindigul, Dindigul District.

2.The Inspector of Police, Dindigul Town North Traffic Police Station, Dindigul District.

3.Prakash The Inspector of Police, Dindigul Town Traffic Police Station, Dindigul District.

...Respondents

Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the first respondent to take appropriate action against the third respondent for foisting false cases against the petitioner vehicles with malafide intention by considering the representation dated 19.11.2019. For Petitioner : Mr.S.C.Herold Singh For Respondents : Mrs.S.Bharathi No.1 & 2 Government Advocate (Crl. Side)

ORDER

This Petition has been filed to direct the the first respondent to take appropriate action against the third respondent for foisting false cases against the petitioner vehicles with malafide intention by considering the representation dated 19.11.2019.

2.It is the grievance of the petitioner that the petitioner is an innocent person and the third respondent foisted a false case against the petitioner's vehicle. In this regard, the petitioner sent a representation to the first respondent on 19.11.2019 and the same has not been considered by the first respondent till date and therefore, he has filed the present writ petition.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P (MD).No. 26241 of 2019 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 first respondent to consider the representation of the petitioner dated 19.11.2019 and pass orders on its own merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. 5.. With the above direction, this writ petition is disposed of. No costs.

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

1. The Superintendent of Police Dindigul, Dindigul District.

2.The Inspector of Police, Dindigul Town North Traffic Police Station, Dindigul District.

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

+1CC to Mr.S.C.Herold Singh, Advocate, Sr.No.104487 W.P (MD).No.26241 of 2019 11.12.2019 SMA/02/01/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2