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Madras High CourtWP Crl.(MD)/2386/2025disposed of

P.Pandian v. The State Of Tamilnadu

2025-12-03Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Pandian, The Secretary, The Kallar Kalvi Kazhagam, Pasumpon Muthuramalingam Thevar College, Usilampatti, Madurai District.

... Petitioner Vs.

1.The Superintendent of Police, Superintendent of Police Office, Madurai District.

2.The Inspector of Police, Usilampatti Police Station, Usilampatti, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to pass orders on the representation dated 23.11.2022 and lastly on 30.10.2025 through registered post by taking appropriate action within a time frame fixed by this Court.

For Petitioner : Ms.A.Amala, Advocate For Respondents : Mr.S.S.Manoj, Government Advocate (Criminal Side) 1/5

ORDER

This Writ Petition has been filed to direct the 2nd respondent to pass orders on the petitioner's representations dated 23.11.2022 and lastly on 30.10.2025 through registered post by taking appropriate action within a time frame fixed by this Court.

2. It is the case of the petitioner that he is serving as the Secretary of Kallar Kalvi Kazhagam, under which Pasumpon Muthuramalinga Thevar College, Usilampatti, is functioning. Approximately 3,500 students are pursuing their studies in the said college. The President of the college, one L.S.Balakrishanan, and the Treasurer, one S.R.Vanaraja, refused to accept the Audit Report from the Auditor. However, it was received by the petitioner.

3. The Audit remarks for the financial year 2020-2021 at Serial Nos. 65 and 66 indicate that a total sum of Rs.7,00,000/- was withdrawn from the bank, for which no particulars of payment, documents, bills, receipts, or any other details were available for verification during the audit. Owing to the nonperformance of duty by the President, a Special Executive Committee meeting passed a resolution removing the President from the Association. 2/5

4. Further, the petitioner made a detailed complaint on 23.11.2022 before the respondents seeking appropriate action against L.S.Balakrishanan and S.R.Vanaraja; however, no action was taken. Once again, the petitioner submitted the complaint by registered post, requesting action regarding the alleged misappropriation of Association funds by the said L.S.Balakrishanan and S.R.Vanaraja, but no action has been taken. Hence, the present petition.

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

6. It is needless to point out that whenever a complaint 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 complaint 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.

7. Without going into the merits of this case, this Court hereby directs the respondents to consider the petitioner's complaints dated 23.11.2022 and 3/5

30.10.2025 and deal with in accordance with law and conclude the enquiry within a period of three (3) weeks from the date of receipt of a copy of this order.

8. With the above directions, this Writ Petition is disposed of. 03.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes mkn To 1.The Superintendent of Police, Superintendent of Police Office, Madurai District.

2.The Inspector of Police, Usilampatti Police Station, Usilampatti, Madurai District.

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

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L.VICTORIA GOWRI, J.

mkn 03.12.2025 5/5