Madras High Court Disposes Writ Petition Seeking Mandamus to Direct Police to Consider Representation. Court Directs Enquiry to be Completed Within One Week in Family Dispute Matter Under Article 226 of the Constitution.

High Court: Madras High Court Bench: Madurai
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Case Note & Summary

Background: The petitioner, V. Prakashkumar, approached the Madurai Bench of the Madras High Court under Article 226 of the Constitution of India seeking a writ of mandamus to direct the police authorities (respondents 1 to 3) to consider his representation dated 30.01.2025. The dispute arose out of a family matter between the petitioner and his wife. Facts: The petitioner lodged a complaint through a representation against his wife and others, alleging a family dispute. The representation was submitted to the third respondent (Inspector of Police, Dindigul South Police Station), but no action was taken, prompting the writ petition. Legal Issues: The sole issue was whether a writ of mandamus should be issued to compel the police to consider the representation. Arguments: The petitioner contended that his representation remained unconsidered. The Additional Public Prosecutor, appearing for the respondents, submitted that the representation had been received and was under enquiry, and that the enquiry would be completed within one week. Court's Analysis: The court, after hearing both sides and perusing the records, noted the limited prayer. Given the assurance of the respondents that the enquiry was ongoing and would be completed shortly, the court found it appropriate to direct expeditious conclusion of the enquiry rather than keeping the writ petition pending. Decision: The writ petition was disposed of with a direction to the third respondent to complete the enquiry in accordance with law within one week from the date of receipt of a copy of the order. No costs were awarded.

Headnote

A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India, 1950 - Petition seeking direction to police to consider representation - Family dispute led to complaint/representation - Police stated representation under enquiry and would be completed in one week - Court directed third respondent to complete enquiry in accordance with law within one week from receipt of copy of order - Held that limited prayer sought could be granted, no need for detailed adjudication (Paras 5-6).

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Issue of Consideration

Whether a writ of mandamus should be issued to direct the police to consider the petitioner's representation dated 30.01.2025.

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Final Decision

The writ petition is disposed of with a direction to the third respondent to complete the enquiry in accordance with law within one week from the date of receipt of a copy of this order. No costs.

Law Points

  • Writ of Mandamus under Article 226 of the Constitution of India
  • direction to police to consider representation and complete enquiry in a time-bound manner
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Case Details

2025 LawText (MAD) (03) 275

W.P.(MD)No.5557 of 2025

2025-03-03

P.Dhanabal

Mr.N.Adithya Vijayalayan for petitioner; Mr.R.M.Anbunithi, Additional Public Prosecutor for respondents

V.Prakashkumar

1.The Superintendent of Police, Dindigul District; 2.The Additional Deputy Superintendent of Police, Dindigul District; 3.The Inspector of Police (L & O), Dindigul South Police Station, Dindigul.

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Nature of Litigation

Writ petition under Article 226 of the Constitution of India seeking a writ of mandamus to direct police to consider a representation.

Remedy Sought

Petitioner sought a direction to respondents 1 to 3 to consider his representation dated 30.01.2025.

Filing Reason

Petitioner had a family dispute with his wife and lodged a complaint/representation against his wife and others, but the police did not act on it.

Issues

Whether a writ of mandamus should be issued directing the respondents to consider the petitioner's representation dated 30.01.2025.

Submissions/Arguments

Petitioner contended that his representation was not considered. Respondents submitted that the representation was under enquiry and would be completed within one week.

Ratio Decidendi

When a writ of mandamus is sought only for consideration of a representation, and the authorities state that the representation is under enquiry, the court may direct expeditious disposal of the enquiry within a specified time.

Judgment Excerpts

Considering the limited prayer sought for in this writ petition, this Court directs the third respondent to complete the enquiry in accordance with law within a period of one [1] week from the date of receipt of a copy of this order.

Procedural History

Petitioner filed the writ petition seeking direction to consider representation. No previous orders mentioned.

Acts & Sections

  • Constitution of India, 1950: Article 226
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High Court Madras High Court Disposes Writ Petition Seeking Mandamus to Direct Police to Consider Representation. Court Directs Enquiry to be Completed Within One Week in Family Dispute Matter Under Article 226 of the Constitution.
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