Case Note & Summary
The writ petition was filed under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court. The petitioner, Josy Raja Dhas, sought a mandamus directing the first to third respondents, who are senior police officials, to take appropriate action against respondents four to seven, who are police personnel, based on his representation dated 08.01.2025. The petitioner alleged that respondents four to seven had harassed his brother-in-law, Premkumar, taken money amounting to Rs.40,112, retained the petitioner's car from his brother-in-law, and used the car for their own purposes. Although the petitioner got back the car through his advocate, his representation to the higher police authorities remained unconsidered. The Deputy Superintendent of Police had sent a reply on 17.01.2025 asking the petitioner to appear before the third respondent. The Additional Public Prosecutor submitted that the petitioner was a habitual offender with many cases pending, and the petition was filed to threaten the police and divert investigation, but his representation was pending enquiry with the Deputy Superintendent of Police, Dindigul Rural, who would complete it within fifteen days. The court, after hearing both sides and perusing records, found that the prayer was to consider the representation and that an enquiry was already pending. Recording the submission of the Additional Public Prosecutor, the court directed the Deputy Superintendent of Police, Dindigul Rural to conduct the enquiry and dispose of the petitioner's representation within fifteen days from the date of the order. The writ petition was disposed of accordingly, with no order as to costs.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India, 1950 - Direction to Enquire - Petitioner sought direction to police authorities to act on representation alleging harassment and misappropriation of vehicle by police personnel - Court, noting that the representation was pending enquiry, directed the Deputy Superintendent of Police to complete enquiry and dispose the representation within fifteen days - Held, writ petition disposed of with direction (Paras 1-5).
Issue of Consideration
Whether the representation dated 08.01.2025 should be considered and action taken
Final Decision
The writ petition is disposed of with a direction to the Deputy Superintendent of Police, Dindigul Rural to conduct enquiry and dispose of the petitioner's representation dated 08.01.2025 within fifteen days from the date of the order. No order as to costs.
Law Points
- Writ of Mandamus can be issued to direct considering a pending representation without entering into merits
