Madras High Court

WP CRL.(MD)/5785/2026 of Balamurugan Vs The Superintendent of Police on 26 October 2026

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WP Crl.(MD) No. 5785 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 26-10-2026

CORAM

THE HON'BLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI

WP Crl.(MD) No. 5785 of 2026

CNR:{HCMD011486862026}

Balamurugan

..Petitioner(s)

Vs

1. The Superintendent of Police

o/o the Superintendent of Police, Sivagangai District

2. The Deputy Superintendent of Police

Manamadurai Division, Sivagangai District

3. The Inspector of Police,

Tiruppurvanam Police Station, Sivagangai District

..Respondent(s)

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 3 rd respondent to consider the petitioner's representation dated 10.09.2026

and to take appropriate action in accordance with law within such time as may be stipulated by this Court.

For Petitioner(s):

Mr V. Malaiyendran

For Respondent(s):

Mr.D.Rajaboopathy

Counsel for State of TN (Crl.)

WP Crl.(MD) No. 5785 of 2026

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ORDER

This writ petition is filed seeking a direction to the third respondent to consider the petitioner’s representation dated 10.09.2026.

2. Mr.D.Rajaboopathy, learned Government Advocate (Crl.) accepts notice on behalf of the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. It is the grievance of the petitioner that he submitted a representation on 10.09.2026 before the respondent police seeking appropriate action against the persons, who threatened him with a view to encroaching upon his property. Since no action was taken on the said representation, the petitioner has approached this Court.

4. Heard the learned counsel on either side and carefully perused the materials placed before this Court.

5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such,

WP Crl.(MD) No. 5785 of 2026 non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations and also the submissions made, there shall be a direction to the third respondent to consider the petitioner's representation dated 10.09.2026 on its own merits and pass appropriate orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the third respondent to consider the same on its own merits.

7. With the above direction, this writ petition is disposed of. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Rmk

WP Crl.(MD) No. 5785 of 2026 To

1. The Superintendent of Police o/o the Superintendent of Police, Sivagangai District

2. The Deputy Superintendent of Police Manamadurai Division, Sivagangai District

3. The Inspector of Police, Tiruppurvanam Police Station, Sivagangai District

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

WP Crl.(MD) No. 5785 of 2026 K.GOVINDARAJAN THILAKAVADI, J. Rmk WP Crl.(MD) No. 5785 of 2026 26-10-2026

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