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2026 DAILYLAW 47473 (MAD)

K.Haseena Banu v. The Commissioner of Police

WP Crl.(MD)/2618/2026 · 2026-07-01

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.2618 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.2618 of 2026 K.Haseena Banu ... Petitioner Vs. 1. The Commissioner of Police, Madurai City, Madurai. 2. The Assistant Commissioner of Police, S.S.Colony Police Station, Madurai. 3. The Inspector of Police, S.S.Colony Police Station, Madurai. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider the petitioner's representation dated 05.03.2026 within a time stipulated by this Court. For Petitioner : Mr.J.Mohamed Ashik Jaman For Respondents : Mr.C.Susikumar Government Advocate 1/4 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2618 of 2026 ORDER This petition has been filed seeking for a direction to the respondents to consider the petitioner's representation dated 05.03.2026 conduct of mass prayers by a particular organization, in respect of which the petitioner also claims to be a co-sharer. 2. When the matter was taken up for hearing, the learned Government Advocate appearing for the respondent police submitted that the programme in question is being conducted by private individuals in a private property and, therefore, the respondent police has no role to play in the matter. He further submitted that several civil suits are pending with regard to the rights over the said property. 3. Heard the learned counsel on either sides and carefully perused the materials placed before this Court. 4. However, this Court is of the considered view that it is only a representation made by the petitioner for consideration. 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 2/4 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2618 of 2026 and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, 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. 5. In view of the above, the respondent police is directed to put the petitioner as well as the rival parties on notice under Section 64 BNSS, give proper opportunity of hearing to both the parties and thereafter consider the representation dated 05.03.2026 and pass appropriate orders in accordance with law, within a period of four weeks from the date of copy of this order. 6. With the above direction, this writ petition stands disposed of. 01.07.2026 NCC : Yes / No Index : Yes / No sm 3/4 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.2618 of 2026 L.VICTORIA GOWRI, J. Sm TO:- 1. The Commissioner of Police, Madurai City, Madurai. 2. The Assistant Commissioner of Police, S.S.Colony Police Station, Madurai. 3. The Inspector of Police, S.S.Colony Police Station, Madurai. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in W.P.Crl.(MD)No.2618 of 2026 Dated 01.07.2026 4/4 https://www.mhc.tn.gov.in/judis