Mariyammal S Vs The Director General of Police

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the first and second respondents to initiate appropriate disciplinary actions against the third respondent on the petitioner's petition dated 04.04.2023.

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For Petitioner : Mr.S.Radhakrishnan

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Page No. 1 of 6

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.11111 of 2023

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For R1 & R2 : Mr.B.Ramanathan Additional Government Pleader

For R3 : Mr.K.Anand

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the first and second respondents to initiate appropriate disciplinary action against the third respondent on the basis of the representation dated 04.04.2023, said to have been submitted by the petitioner, alleging that the third respondent colluded with the culprits who are accused in Crime Nos.45 of 2023 and 48 of 2023 on the file of

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the Perumalpuram Police Station, Tirunelveli District.

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Having suspected the conduct of the third respondent, the petitioner claimed to have submitted a representation dated 04.04.2023 before the first and second respondents, seeking appropriate disciplinary action against the third respondent.

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Page No. 2 of 6

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W.P.(MD) No.11111 of 2023

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This Writ Petition is of the year 2023. The first and second respondents have not filed their counter affidavit. When this matter was taken up for consideration earlier before this Court on 11.03.2026, this Court specifically directed the learned Additional Government Pleader appearing for the first and second respondents to get instructions as to what steps the first and second respondents have taken on the representation dated 04.04.2023 submitted by the petitioner. Today, when the matter is taken up for further consideration, no information is coming forward from the first and second respondents.

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Further, the learned Additional Government Pleader appearing for the first and second respondents tried to submit that the investigation in the twin crimes that were registered at the instance of the petitioner was carried out and the Investigation Officer was entrusted to the Assistant Commissioner of Police from the third respondent and appropriate charge sheets have been filed before the concerned Court.

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Be that as it may, the filing of the charge sheets in the said crimes

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and the change of the Investigating Officer is not the subject matter of the representation dated 04.04.2023 submitted by the petitioner. The

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W.P.(MD) No.11111 of 2023

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grievance of the petitioner is that the third respondent herein colluded with the accused in the above referred crimes, thereby causing great injustice to the petitioner. The petitioner wanted appropriate action to be initiated against the third respondent. Whether any action is required to be taken against the third respondent or not is not a matter for consideration at this stage before this Court. Once a complaint is made by the petitioner herein and the petitioner has also approached this Court seeking direction to take appropriate action on the said complaint, it is not coming forward as to what has happened to the said complaint dated 04.04.2023.

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Under these circumstances, this Court is of the view that this is a

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fit case to direct the second respondent to consider the representation dated 04.04.2023 submitted by the petitioner and take appropriate action as may be required under the facts and circumstances of the case.

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Therefore, this Writ Petition is disposed of, directing the second respondent to consider the representation dated 04.04.2023 submitted by the petitioner and take an appropriate decision on the same as expeditiously as possible, at any rate, within a period of twelve (12) weeks from the date of receipt of a copy of this order. In case the second

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W.P.(MD) No.11111 of 2023

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respondent intends to take any action against the third respondent, he shall

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afford an opportunity to the third respondent before taking any such

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action. No costs.