Madras High Court
Administrative and Public LawHuman Rights Law

A mandamus for a police misconduct inquiry is infructuous once the inquiry is completed.

A.K.Mathialagan vs The Direct General of Police

Madras High CourtJUDGMENT: October 12, 20262 MIN READSOURCE JUDGMENT
A mandamus for a police misconduct inquiry is infructuous once the inquiry is completed.. A.K.Mathialagan vs The Direct General of Police. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a lawyer practising in Sathyamangalam, alleged that Sub-Inspectors in the District Crime Branch, Erode, treated him in a hostile manner and refused to accept his representations when he visited in connection with a complaint against his client.

Source reference: no citation

He sought a mandamus directing senior police officials to conduct a fair enquiry and take appropriate action.

Source reference: no citation

The judgment records that the petition sought disposal of representations dated 17.08.2024, 25.04.2024 and 29.08.2025.

Source reference: para. 1

It also records the petitioner’s allegation that he complained on 17.08.2026.

Source reference: para. 2

The State submitted that the two officers had been transferred and that the Superintendent of Police had enquired into the matter and directed them to act responsibly in future.

Source reference: para. 3

The Court closed the petition, finding that the requested relief no longer survived.

Source reference: para. 4
02

Issues

1. Whether the petitioner’s request for a direction to conduct an enquiry and take action remained live after the Superintendent of Police had enquired into the complaint and closed the matter

Source reference: paras. 3–4

2. Whether any further relief should be granted in the writ petition, or whether the petitioner should pursue other remedies

Source reference: para. 5
03

Law Applied

The Court applied the principle governing mandamus that a writ direction is warranted where a public duty remains to be performed and corresponding relief is still required.

Source reference: no citation

Where the authority has already enquired into and closed the matter, the Court may treat the requested writ relief as no longer subsisting.

Source reference: paras. 3–4

The judgment cites no statute or precedent; it also notes that the petitioner may pursue other available remedies, including a civil suit for damages or a complaint before the State Human Rights Commission or another authority.

Source reference: para. 5
04

Reasoning

The Court relied on the State’s submission that the Superintendent of Police had conducted an enquiry and directed the officers to act responsibly in future; it also noted that both officers had been transferred from the District Crime Branch.

Source reference: para. 3

On that basis, the Court considered the requested enquiry-related relief no longer available for grant and found that no live relief remained in the writ petition.

Source reference: para. 4

It left the petitioner free to pursue other remedies if he continued to have a grievance.

Source reference: para. 5
05

Holding

The Court held that the relief sought did not survive because the Superintendent of Police had enquired into and closed the matter.

It closed the writ petition and, without granting further relief, left it open to the petitioner to approach a civil court, the State Human Rights Commission or another appropriate authority.

Source reference: paras. 4–5
Madras High Court

Original Court PDF

A.K.MathialaganvsThe Direct General of Police

Madras High Court · October 12, 2026

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