Marudhupandiyan v. The Commissioner Of Police

W.P.(MD)No.26804 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.12.2019

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA W.P.(MD)No.26804 of 2019 Marudhupandiyan ... Petitioner Vs.

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

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

3.S.Sonaimani ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the first respondent to instruct the second respondent to take appropriate action on the petitioner's representation dated 28.11.2019. For Petitioner : Mr.A.Muralikumar For Respondents : Mrs. S.Bharathi 1 and 2 Government Advocate(Crl.Side)

ORDER

This Petition has been filed to direct the first respondent to instruct the second respondent to take appropriate action on the petitioner's representation dated 28.11.2019.

2. It is the grievance of the petitioner that he has submitted a representation to the first respondent on 28.11.2019 regarding money transactions , which 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 way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.26804 of 2019 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 second respondent to consider the petitioner's representation dated 28.11.2019 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and to the rival parties if any.

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 Commissioner of Police, Madurai City, Madurai.

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

+1 CC to M/s.M/S.A.MURALIKUMAR, Advocate ( SR-105507[F] dated 18/12/2019 ) W.P.(MD)No.26804 of 2019 17.12.2019 KK/SAR/26.12.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2