The writ petition has been filed by the petitioner for the issuance of a Writ of Mandamus directing the respondent to take necessary action by considering the petitioner's representation dated 17.12.2016 and to file a report before this Court.
2.The petitioner is working as PG Assistant Teacher (English) with the American College Higher Secondary School, Madurai. Earlier, he was working with the Pasumalai Boys Higher Secondary School, Madurai, from July 1997 to January 2013. According to the petitioner, one Senthamizh Selvi, whose son was a student at the Pasumalai Boys Higher Secondary School, Madurai, has filed a false case against him with the police and due to which, the petitioner called several times for enquiry and ultimately, nothing turned out adverse against the petitioner.
3.According to the petitioner, there was no written complaint against him and the petitioner has been summoned periodically and harassed by the police in different police stations. In such circumstances, the petitioner given a representation to the first respondent herein on 17.12.2016 requesting him to investigate the case and take action against the different police officials, who were arrayed in his representation. Since no action has been taken, the petitioner has approached this Court for the relief as stated supra.
4.Mr.K.Maheshraja, learned Government Advocate, takes notice for the respondents.
5.The learned counsel appearing for the petitioner would submit that the petitioner has unnecessarily harassed at the hands of the respondent police, on the basis of the false complaint given by the said Senthamizh selvi and because of the continuous action in summoning the petitioner, the petitioner's family members have been put to mental anguish. Therefore, in order to prevent further action by the police against the petitioner, which action according to the petitioner, was without authority of law, he sent a detailed representation to the first respondent for taking action against the erring police officials. Since the said representation is still pending, the petitioner prayed for issuance of a direction directing the first respondent to take action on the basis of the contention of the representation.
6.The petitioner, if aggrieved by any illegal action taken by the police officials, can always workout his remedy by approaching the appropriate forum. It is certainly not open to the petitioner to ventilate the general grievance as against the police officials by filing for blanket issue of Mandamus to the first respondent for taking against therein.
7.Moreover, I find that the action which the petitioner requires to be taken against the erring officials, were not parties in this writ petition and also the so called complainant Senthamizh Selvi. Even assuming that the petitioner has any valid grievance against the said Senthamizh Selvi and the erring police officials, this Court, by exercising jurisdiction under
Article 226 of the Constitution of India, cannot entertain for sorting out his grievance as put forth by his representation. The extraordinary remedies available under
Article 226 of the Constitution of India, cannot be availed casually for all kinds of grievance, when other remedies are available and open to the petitioner. Therefore, it is open to the petitioner to approach the appropriate forum for sorting out his grievances.
In view of the above reasons, the present writ petition is misconceived and cannot be entertained. Hence, the Writ Petition is dismissed. No costs.
To
1. The Director General of Police, The DGP's Office, Beach Road, Chennai.
2.The Commissioner of Police, Madurai City, Madurai..