IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.10.2008 CORAM: THE HONOURABLE MR.JUSTICE S.RAJESWARAN Writ Petition No.25304 OF 2008 R.Arun ... Petitioner Vs The Superintendent of Police, Nagapattinam, Nagapattinam District. ... Respondent Writ petition filed under Article 226 of the Constitution of India for a writ of Mandamus directing the respondent to consider and pass orders on the representation of the petitioner dated 07.08.2008. For Petitioner : Mr.S.Ayyathurai For Respondents : M/s.Lita Srinivasan Government Advocate ORDER The writ petition has been filed by the petitioner for directing the respondent to consider and pass orders on the representation of the petitioner dated 07.08.2008. 2. Mrs.Lita Srinivasan, the learned Government Advocate takes notice on behalf of the respondent. 3. The case of the writ petitioner is that his father M.Ramamurthy was working under the respondent as Sub Inspector of Police(Special Branch). The petitioner's father deserted his mother and he married another women and got two sons through her. https://hcservices.ecourts.gov.in/hcservices/ The petitioner's mother died on 20.03.2002. The petitioner became an orphan and approached his father for help and maintenance, but he refused. Thereafter, he sent a representation dt.7.11.2007 to the Director General of Police, Chennai to take appropriate action against his father and to withhold his share in the retirement benefits. As he received no response, the petitioner filed the writ petition before this Court in W.P.No.36298 of 2007 for a direction to the Director General of Police, Chennai to consider and pass orders on his representation dated 07.11.2007. This Court disposed of that writ petition with a direction directing the writ petitioner to make representation to the respondent herein and further directed the respondent to pass orders thereon. Consequently, he made a representation on 21.12.2007 enclosing a copy of the order of this Court requesting for payment of his share in the retirement benefits of his father. The respondent called both the petitioner and his father for settlement and his father agreed to pay a sum of Rs.3,00,000/- and paid Rs.1,00,000/- to the petitioner, which was also recorded by the respondent. Later, the petitioner's father refused to pay the balance amount of Rs.2,00,000/- to the petitioner. Therefore, he sent further representation on 07.08.2008 to the respondent complaining about the non-payment of the balance agreed amount. Since, the respondent has not passed any order, he has filed the above writ petition for the aforesaid relief. 4. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent and I have also gone through the documents filed in support of their submissions. 5. This is a case where, the writ petitioner father was working in the respondent Department as a Sub Inspector of Police and he retired from service on 31.12.2007. Obviously, there seems to be some dispute between the father and the petitioner being the son. Further, the case of the petitioner is that his father has not taken care of him. Therefore, on the direction issued earlier by this court, the Superintendent of Police also intervened and the father of the petitioner agreed to pay a sum of Rs.3,00,000/- and paid Rs.1,00,000/- to the petitioner. Later, the petitioner's father refused to pay the balance amount of Rs.2,00,000/- to the petitioner. Therefore, the above writ petition has been filed. 6. In my considered view, no direction could be issued in such matter to the respondent, as there is no legal duty cast upon the respondent Department to consider the representation made by the petitioner. Therefore, the writ petition is not maintainable and the same is dismissed. However, it is open to the petitioner to work out his remedy before the appropriate forum for redressal of his grievance. https://hcservices.ecourts.gov.in/hcservices/ 7. In the result, the writ petition is dismissed. No costs. rrg/vaan Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar To : The Superintendent of Police, Nagapattinam District. Nagapattinam 611001. + 1 cc to MR. S. Ayyathurai, Advocate SR No. 58607 W.P.No.25304 of 2008 DM(CO) SR/3.11.2008 https://hcservices.ecourts.gov.in/hcservices/