Research › Search › Judgment

Madras High Court · body

2026 DAILYLAW 57748 (MAD)

KALAISELVI v. THE STATE OF TAMILNADU rep by

WP Crl.(MD)/4147/2026 · 2026-07-27

L Victoria Gowri

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.(MD)No.4147 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.07.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.Crl.(MD)No.4147 of 2026 Kalaiselvi ... Petitioner Vs. 1. The State of Tamilnadu Rep By, The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District. 2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Illuppur Sub Division, Pudukkottai District. 3. The Inspector of Police, Illuppur Police Station, (Law and Order) Pudukkottai District. 4. Savithri @ Saranya 5. Pathuma ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to take appropriate action on the basis of petitioner's representation dated.16.07.2026 in accordance with law within the time stipulated by this Court. 1/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4147 of 2026 For Petitioner : Dr.R.Alagumani For Respondents : Mr.D.Rajaboopathy (R1 to R3) Government Advocate (Crl.) ORDER This writ petition has been filed seeking for a direction to the respondents 1 and 2 to take appropriate action on the basis of petitioner's representation dated 16.07.2026 in accordance with law. 2. The petitioner submitted that she had sent a representation dated 16.07.2026 to the respondent police seeking appropriate action against the private respondents for allegedly abusing her by referring to her caste name and for physically assaulting her. 3. The learned Government Advocate appearing for the respondent police submitted that a case and a counter case have been registered in respect of the occurrence. 4. Heard the learned counsel on either sides and carefully persued the materials placed before this Court. Considering the nature of the order 2/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4147 of 2026 proposed to be passed in this petition, notice to the private respondents is dispensed with. 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, 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 16.07.2026 and conduct an enquiry in this regard, after issuing summons to the parties concerned, under Section 64 of the BNSS, and conclude the same, after affording an opportunity of hearing to the parties concerned, within a period of four 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 respondents to consider the same on its own merits. 3/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4147 of 2026 7. With the above direction, this writ petition is disposed of. 27.07.2026 NCC : Yes / No Index : Yes / No Sm 4/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4147 of 2026 TO:- 1. The Superintendent of Police, O/o.The Superintendent of Police, Pudukkottai District. 2. The Deputy Superintendent Of Police, O/o.The Deputy Superintendent of Police, Illuppur Sub Division, Pudukkottai District. 3. The Inspector of Police, Illuppur Police Station, (Law and Order) Pudukkottai District. 4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P.Crl.(MD)No.4147 of 2026 L.VICTORIA GOWRI, J. Sm Order made in W.P.Crl.(MD)No.4147 of 2026 Dated 27.07.2026 6/6 https://www.mhc.tn.gov.in/judis