Ramesh.K.K v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2024

CORAM:

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD)No.472 of 2024 Ramesh.K.K ... Petitioner /vs./ 1.The State of Tamil Nadu, Rep. by its Home Secretary, Fort St. George, Secretariat, Chennai-600 009.

2.The Director General of Police, Dr.Radhakrishnan Salai, Chennai.

3.The Superintendent of Police, Madurai District, Alagarkoil Road, Madurai.

4.The Deputy Superintendent of Police, Othakadai Circle, Madurai District, Madurai.

5.The Inspector of Police Othakadai Police Station, Madurai.

6. Mookamal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/4

India for issuance of Writ of Mandamus, directing the 1st and 2nd Respondents to take appropriate action against Respondents 3 to 5 who did not take action on Petitioner's complaint by considering the Petitioners representation dated 29.11.2023 For Petitioner : Mr.T.R.Subramanian For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R1 to 5

ORDER

The learned counsel for the Petitioner submits that the Writ Petition had been filed to direct the 1st and 2nd Respondents to take appropriate action against Respondents 3 to 5 who did not take action on Petitioner's complaint by considering the Petitioner's representation dated 29.11.2023.

2. The learned Additional Public Prosecutor submits that as per the Circular of the Additional Director General of Police, Law & Order, Tamil Nadu, in C.No.18/ADGP/L&O/Camp/2024, dated 09.01.2024, the Field Officers through out the State were warned not to entertain Complaint or register a Case, involving money dispute, land dispute, property dispute, pathway dispute, intellectual property 2/4

dispute, etc. If the Field Officers violate the Circular, they would attract disciplinary proceedings.

3. The learned Additional Public Prosecutor also submits that the Petitioner on an earlier occasion had given representation to the 5th Respondent, in which, the outstanding dues was settled by the Person, who obtained loan from the Petitioner. Since the Additional Director General of Police had issued a Circular, warning Officials, the Petitioner cannot seek recovery of loan from the Services of the Police Officials.

4. In the light of the submission made by the learned Counsel for the Petitioner and the learned Additional Public Prosecutor, this Writ Petition is dismissed with a direction to the Petitioner to approach the Civil Court for appropriate relief. No costs. Index : Yes / No 10.01.2024 Internet : Yes / No NCC : Yes/ No LS 3/4

SATHI KUMAR SUKUMARA KURUP, J.

LS TO:

1 .The Home Secretary, Fort St. George, Secretariat, Chennai-600 009.

2.The Director General of Police, Dr.Radhakrishnan Salai, Chennai.

3.The Superintendent of Police Madurai District, Alagarkoil Road, Madurai.

4.The Deputy Superintendent of Police, Othakadai Circle, Madurai District, Madurai. 5.The Inspector of Police Othakadai Police Station, Madurai.

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

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