Case Note & Summary
The petitioner filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a writ of mandamus directing the police authorities (Respondents 1 and 2) to conduct an enquiry and recover her TVS Scooty Zest two-wheeler, bearing registration number TN 49 CF 9807, from the private respondents (Respondents 3 and 4). The complaint dated 23.12.2024 had been lodged with the police, but no action was taken. The petitioner alleged that her vehicle was in the possession of the private respondents and sought its recovery through police intervention. The legal issue was whether a writ of mandamus could be issued to direct the police to complete an enquiry and recover the vehicle. The Additional Public Prosecutor, appearing for the police respondents, submitted that the complaint had been received and was under enquiry, and that the enquiry would be completed within one week. The court, considering the limited scope of the prayer and that no adverse order was being passed against the private respondents, disposed of the writ petition without issuing notice to the private parties. The court directed the second respondent, the Inspector of Police, Thiruvaiyaru Police Station, to complete the enquiry within one week from the date of receipt of a copy of the order. The petition was disposed of with no order as to costs.
Headnote
A) Constitutional Law - Writ Jurisdiction - Mandamus - Constitution of India, 1950, Article 226 - Petition filed under Article 226 seeking mandamus directing police officers to conduct enquiry and recover petitioner's two-wheeler from private respondents based on complaint. Additional Public Prosecutor submitted complaint received and under enquiry, to be completed within one week. Held, considering limited scope, court directed second respondent to complete enquiry within one week without issuing notice to private respondents (Paras 2-3).
Issue of Consideration
Whether the court should issue a writ of mandamus under Article 226 directing the police authorities to conduct enquiry and recover the petitioner's vehicle based on complaint.
Final Decision
The writ petition is disposed of with a direction to the second respondent to complete the enquiry within one week from the date of receipt of a copy of this order. No costs.
Law Points
- Writ of Mandamus
- Police Duty to Enquire
- Expeditious Disposal
