Lawfully yours: By Retd Justice K Chandru
Your legal questions answered by Justice K Chandru, former Judge of the Madras High Court Do you have a question? Email us at citizen.dtnext@dt.co.in
One can move metropolitan magistrate for police inaction
Three weeks ago, I made a police complaint against my neighbour for creating a nuisance. An SI from the jurisdictional police station called my residence and found my complaint justified. However, the Inspector-in-charge has not taken any action against the accused despite repeated reminders. He continues to sit pretty even after the office of the Police Commissioner asked him to resolve the issue. Given Inspector’s inaction, what’s the remedy available to me? Whom shall I approach next? I’m a senior citizen aged 76 and is the police station justified in calling me to visit them at odd hours? I look forward to your advice.
— PG Menon, Nandanam Extn., Chennai
If the jurisdictional police station refuses to take up your complaint and register an FIR then you can enclose the complaint and write to the Commissioner of Police. The Commissioner will take that on record and direct the concerned to register it. Even if he does not do it, the option is to file a private complaint with the proper metropolitan magistrate (in your case the Saidapet court) and proceed with the complaint. Or else move the High Court with a petition under section 482 CrPC to direct the police to register the complaint and proceed with the investigation.
Petition GCC chief or police under RTI Act on illegal hoardings
Illegal hoardings, banners and cutouts obstructing traffic or extending onto the roads have been banned in the state for long. However, the menace continues since our state has a distinct culture of defying rules and deifying leaders and matinee idols. With politicians or their supporters often the culprits, police and municipal officials are also reluctant to act. The walls of our apartment are spared neither, nor are the poles on the adjoining footpath. They surface every now and then. What legal options do we have, against whom and how?
-- Nelson Joseph, Mahabalipuram
I, sitting with chief justice AP Shah in 2006, banned hoardings (billboards) on public streets. That order became final. That is why you see Anna Salai and GST Road free from ugly and monstrous hoardings.
However, political parties in power do not respect that order. They are bypassing government orders to permit putting up temporary banners. The authorities often turn Nelson’s eye to those banners.
You can ask the Commissioner of GCC and Commissioner of Police under the RTI Act why those banners are still there. Perhaps, at least to answer your queries, they may direct their removal.
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