D.Vimalanathan v. The District Collector
Case brief
What is this about?
This court directed the Social Justice & Human Rights Unit to issue a formal summons to the petitioner for any legitimate inquiry regarding complaints by the respondent, forbidding unnecessary telephone calls or harassment, and noted the matter as a money quarrel.
What did the court decide?
Direction to 3rd respondent to issue summons for legitimate inquiry and avoid telephone harassment; matter closed.
What the court decided
THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.11.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
Writ Petition No.41519 of 2016 and WMP.No.35506 of 2016
D.Vimalanathan ... Petitioner
-Versus-
1. The District Collector
Dharmapuri District,
Dharmapuri.
2. The Superintendent of Police
Dharmapuri District, Dharmapuri.
3. The Social Justice & Human Rights Unit
AR Quarters, Dharmapuri.
4. P.Govindan ... Respondents
Petition filed under Section 226 of the Constitution of India praying for issuance of a writ of mandamus, to direct the respondents not to enquiry further on the complaint of P.Govindan, 4th respondent since the matter is seized of by this Hon'ble Court in Crl.OP.No.12820/2016.
For Petitioner : Mr.M.Selvam For R1 to R3 : Mr.C.Emalias, Additional Public Prosecutor
ORDER
This writ petition has been filed seeking a directions to the respondents 1 to 3 forbearing enquiry on the complaint of P.Govindan, 4th respondent since the matter is seized of by this Hon'ble Court in Crl.OP.No.12820/2016.
Issues for consideration
2 issues framed by the court
Whether to direct the 3rd respondent to issue summons to the petitioner for enquiry only if there is a legitimate complaint.
Whether the petitioner can be harassed by being asked to appear over telephone without summons in lieu of a formal summons.
Parties & counsel
- petitioner
D. Vimalanathan
- respondent
The District Collector, Dharmapuri
- respondent
The Superintendent of Police, Dharmapuri
- respondent
The Social Justice & Human Rights Unit, Dharmapuri
- respondent
P. Govindan
Case details
As recorded by the court registry
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