Madras High CourtWP/42946/2006dismissed as infructuous

Mrs. Kamala Subramanian v. Govt. Of Tamilnadu

2019-06-06Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.06.2019

CORAM

THE HONOURABLE Mr.JUSTICE K.KALYANASUNDARAM W.P.No.42946 of 2006, M.P.Nos.1 to 5 of 2006 and M.P.Nos.1 to 3 of 2007 Kamala Subramanian

...Petitioner

1. Government of Tamil Nadu, by its Home Secretary, Home Department, Fort St. George, Chennai 600 009.

2. The Director General of Police, Mylapore, Chennai 600 004.

3. The Commissioner of Police, Greater Chennai, Egmore, Chennai 600 008.

4. The Deputy Commissioner of Police, Central Crime Branch, Egmore, Chennai 8.

5. The Deputy Commissioner of Police, Katchery Road, Mylapore, Chennai 4.

6. The Assistant Commissioner of Police, Teynampet, Chennai.

7. The Inspector of Police (Law & Order), Abiramapuram Police Station, Chennai.

8. The Inspector of Police, Traffic Investigation, Anna Square, Chennai.

9. The Inspector of Police (Law & Order), F-2 Police Station, Egmore, Chennai.

10. The Superintendent of Police, CBCID Wing, Chennai.

11. The Assistant Engineer, Tamil Nadu Electricity Board, Incharge 5th Main Road, Raja Annamalaipuram, Chennai.

12. Gauthamchand Dhoka

13. Mahaveerchand Dhoka

14. Mittalal Dhoka

15. Rikhabchand Dhoka ..Respondents Prayer:- The Writ Petition is filed under Article 226 of the Constitution of India seeking for a Writ of Mandamus to transfer of all the complaints dated 28.06.2005, 16.07.2006, 20.07.2006, 21.07.2006, 12.08.2006, 24.10.2006, 25.10.2006 and 02.11.2006 pending before the third, fourth, fifth, sixth, seventh, eighth and ninth respondents to the tenth respondent and investigate the same.

For Petitioner: No Appearance For Respondents: Mrs.P.Rajalakshmi, AGP, for RR1 to 10 R11 - No Appearance Mr.M.Santhanaraman, for RR13 to 15 Mr.D.Dharamchand Jain, for R12

ORDER

This petition has been filed for issuance of Writ of Mandamus to transfer all the complaints dated 28.06.2005, 16.07.2006, 20.07.2006, 21.07.2006, 12.08.2006, 24.10.2006, 25.10.2006 and 02.11.2006 pending before the third, fourth, fifth, sixth, seventh, eighth and ninth respondents to the tenth respondent for further investigation.

2. The seventh respondent filed a counter affidavit stating that on 16.07.2006, one Sri Mahaveera Chand Dhoka, the 13th respondent herein lodged a complaint, which was registered in 238/CSR/E4/06. Based on the complaint, the petitioner herein and her husband viz., Sri Subramaian were enquired into and the complaint was closed. Thereafter, the petitioner and her husband sent complaints through Telegram as well as written complaint to various Police officials for the same incident.

3. It is further stated that the said complaints were enquired into by the respondents and they were found to be of civil dispute. After filing the CSR, the petitioner herein has approached the Civil Court and the suits are pending.

4. In the light of the counter affidavit filed by the seventh respondent, the prayer sought for in the Writ Petition has become infructuous. Accordingly, the Writ Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To

1. Home Secretary, Government of Tamil Nadu, Home Department, Fort St. George, Chennai 600 009.