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Madras High CourtWP Crl.(MD)/2336/2025allowed

V.Palraj v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,

2025-12-02Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Palraj ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by the Superintendent of Police, O/o. The Superintendent of Police, Virudhunagar District.

2.The State of Tamil Nadu, Rep. by the Inspector of Police, Krishnan Kovil Police Station, Virudhunagar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to conduct enquiry and to take appropriate action acting upon the petitioner's complaint on the basis of the petitioner's representation dated 19.11.2025. For Petitioner : Mr.P.Balamurugan, Advocate For Respondents : Mr.A.S.Abul Kalaam Azad, Government Advocate (Criminal Side) 1/6

ORDER

This Writ Petition has been filed to direct the respondents to conduct an enquiry and take appropriate action based on the petitioner's complaint, in accordance with the petitioner's representation dated 19.11.2025.

2. It is the case of the petitioner that he was a retired employee of the Tamil Nadu State Transport Corporation (TNSTC), Madurai. The petitioner and his friend, one Selvam, planned to buy and sell land or plots using their retirement benefits, for which they contacted one Palani, a real estate broker. Palani informed them that one Gurunathan, a person from his native village, had a large piece of land available for sale and could sell it at a low price.

3. The petitioner and his friend met Gurunathan, and as the details provided appeared satisfactory, decided to purchase the land at the rate of Rs.4,20,000/- per acre in May 2024. Accordingly, on 02.05.2024, they deposited a sum of Rs.17,00,000/- as advance into the bank account of Gurunathan and his wife, one Geetha, and both parties signed an agreement. Thereafter, on 26.06.2024, they deposited an additional sum of Rs.17,00,000/- into Gurunathan's account through net banking. After receiving the amount, 2/6

Gurunathan and his wife assured them that they would attend the registration without fail. However, they did not appear as promised.

4. After fifteen days, Gurunathan introduced one Murugan to the petitioner and his friend, instructing them to contact him regarding the purchase of land. After meeting the said Murugan, the petitioner and his friend discovered that the land actually belonged to a foreigner. Realizing that they had been cheated, they demanded a refund. Despite repeated requests, Gurunathan returned only Rs.6,00,000/- out of the total amount of Rs.34,00,000/-. Upon demanding the balance, Gurunathan, Geetha, and Murugan contacted the petitioner and his friend over the phone, abused them in filthy language, and threatened them with dire consequences.

5. In respect of the same, a complaint was lodged before the 2nd respondent on 03.10.2025, but no action has been taken. A representation dated 19.11.2025 was also submitted to the 1st respondent, which has also not been considered. Hence, the present petition.

6. Heard the learned counsel on either side, and have perused the materials available on record.

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7. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending indefinitely. As such, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

8. Without going into the merits of this case, this Court hereby direct the respondents to consider the petitioner's representation dated 19.11.2025 and deal with in accordance with law and conclude the enquiry within a period of two (2) weeks from the date of receipt of a copy of this order.

9. With the above directions, this Writ Petition is disposed of. 02.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes mkn 4/6

To 1.The Superintendent of Police, O/o. The Superintendent of Police, Virudhunagar District.

2.The Inspector of Police, Krishnan Kovil Police Station, Virudhunagar 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

mkn 02.12.2025 6/6