M K CHANDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is a resident of the City of Mangalore in Dakshina Kannada District. In this petition he has alleged that respondents 4, 5 and 6 who are police officers have been constantly threatening and invading his privacy and a few others destroy his property. He has submitted a petition to the 3rd respondent, Superintendent of Police, Dakshina Kannada District, a true copy of that petition is produced at Annexure-A to the petition. In that, he has done no more than inform the Superintendent of Police, the various transgressions committed by respondents 3, 4, 5 and 6. He has, therefore, asked the officers concerned to take appropriate action.

(2.) He has further made a representation to the Governor of the State of Karnataka on 14-10-1989 complaining that no action has been taken against respondents 4, 5 and 6 the police officers are named and it is alleged, they are continuously causing harassment to the petitioner and the members of his family. Similarly, there is another representation dated 12-10-1989 to the Governor which is found at Annexure-C to the petition. Therefore, the present writ petition inter alia on the ground that nothing has happened on the complaints and representations made by him and therefore this Court must direct the respondents 2 and 3 to take appropriate action.

(3.) A mandamus normally will lie only when a statutory duty is required to be performed by any authority and that authority despite the demand has not so performed the duty. In none of the enclosures to the petition is there a demand to perform any statutory duty. Undoubtedly, the Superintendent of Police, the 3rd respondent, has control, supervisory and administrative over respondents 4, 5 and 6. That he has not made any investigation or issue proper instructions to the concerned is not alleged by the petitioner. This Court presumes that a responsible officer like the Superintendent of Police in the District would have issued the necessary instruction to the officers not to commit breach of law themselves.