Premkumar v. Tthe State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P. Crl. (MD) No. 2354 of 2025 Premkumar ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Superintendent of Police, Dindigul District.

2. The Inspector of Police, Kodaikanal Police Station, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus, directing the respondents to take appropriate action on the petitioner`s representations dated 01.11.2025 and 11.11.2025.

For petitioner :Mr. K.P.Narayanakumar For respondents :Mr.A.S.Abul Kalaam Azad Government Advocate (Crl.Side) ***** Page No. 1 of 5

O R D E R

This Writ Petition is filed to direct the respondents to take appropriate action on the petitioner`s representations dated 01.11.2025 and 11.11.2025.

2. The learned counsel for the petitioner submitted that the petitioner is running a hotel in Munnar. The petitioner paid a sum of Rs.19,70,000/- to one Mohana in order to purchase materials like, betsheets, duvet cover, bath towel, etc. However, neither materials were received nor the amount was returned. Hence, he sent representation to the respondents dated 01.11.2025 and 11.11.2025. But, so far, no action was taken.

3. The learned Government Advocate (Crl.Side) submitted that the enquiry will be conducted and the same will be concluded within four weeks from the date of receipt of a copy of this order. Page No. 2 of 5

4. Heard the learned counsels on either side and carefully perused the materials available on record.

5. 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, non-consideration of the representation made to 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.

6. Without going into the merits of this case, this Court hereby directs the respondents to consider the representations made by the petitioner and conclude the enquiry within a period of four (4) weeks from the date of receipt of a copy of this order and if a prima facie case is made out against the accused, an FIR shall be registered forthwith. Page No. 3 of 5

6. Accordingly, this writ petition stands disposed of. No costs. 03.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To

1. The Superintendent of Police, Dindigul District.

2. The Inspector of Police, Kodaikanal Police Station, Dindigul District.

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

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L.VICTORIA GOWRI,J apd W.P. Crl. (MD) No. 2354 of 2025 03.12.2025 Page No. 5 of 5