v.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2015

CORAM:

THE HONOURABLE Mr. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR JUSTICE M. VENUGOPAL W.A. No.624 of 2015 and M.P. No.1 of 2015 Muniammal Appellant vs.

The Government of Tamil Nadu represented by its Principal Secretary Home Department Fort St. George Chennai 600 009 The Director General of Police Head of the Police Department Mylapore Chennai 600 004 The District Collector Tiruvannamalai District Tiruvannamalai The Medical Superintendent/Medical Officer Government District Headquarters Hospital Tiruvannamalai District Tiruvannamalai Respondents Writ Appeal filed under Clause 15 of the Letters Patent challenging the order dated 10.04.2015 passed in W.P. No.10555 of 2015.

W.P.No.10555 of 2015:

Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 3 and 4 to conduct re-postmortem of petitioner husbands dead body (namely Sasikumar aged about 35 years) with videograph forthwith consequently direct the 1st respondent to pay adequate compensation to protect petitioner family livelihood.

For appellant Mr. R. Gandhi, Sr. Counsel for M/s. K. Balu and M.R. Jothimanian

For respondents Mr. AL. Somayaji, Advocate General assisted by Mr. S.T.S. Murthy Government Pleader

JUDGMENT

(Judgment of the Court was made by SATISH K. AGNIHOTRI, J.) The instant intra Court appeal arises from the order dated 10.04.2015 passed in W.P. No.10555 of 2015.

The learned Single Judge, while hearing the aforesaid writ petition on 09.04.2015, directed the Superintendent of Tiruvannamalai Government Hospital, to keep the bodies of the six deceased persons in the mortuary attached to the Tiruvannamalai Government Hospital, until further orders and posted the matter for hearing on the next day, i.e., 10.04.2015. On 10.04.2015, the learned Single Judge, recording the fact of pendency of a writ petition being PIL No.91 of 2015 on the file of the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, posted the matter for further hearing on 17.04.2015.

On a perusal of the documents placed before us, it transpires that an unfortunate incident led to the death of 20 persons. The appellant/writ petitioner, who is a widow of one of those victims, viz., late Sasikumar, had approached this Court with the instant writ petition, seeking compensation as well as a direction to the respondents 3 and 4 for second post-mortem to be conducted in the State of Tamil Nadu.

In the order dated 10.04.2015, the learned Single Judge has recorded the order passed by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, in the said PIL No.91 of 2015, as under:

"ORDER The matter is posted to 10.04.2015 under "fresh matters". In the meantime, the Director General of Police of the State of Andhra Pradesh shall submit a report as to: Whether appropriate measure has been taken after the death of number of persons mentioned in the writ petition.

Whether any unnatural death case has been registered.

Whether dead bodies were taken to hospital for lawful, valid and objective post-mortem examination.

Whether the bodies of the dead persons have been identified.

Whether the dead bodies after postmortem examination were handed over to the kin and relatives of those persons, and Whether all other lawful formalities have been observed apart from the above?"

On a perusal of the documents, pleadings and also, on examining the contentions of the learned Senior Counsel appearing for the appellant, it is evident that the issue of proper conduct of post-mortem and also, the conduct of second post-mortem, if necessary, fall within the scope of one of the issues framed hereinabove by the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh. Having regard to the issue involved in the pending writ petition before the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, we are of the view that the appellant may approach the said High Court by way of seeking further directions as sought in the instant writ petition filed before this Court. Judicial discipline and propriety require that if the whole/entire cause of action had arisen in respect of the subject matter in issue before a High Court and the said High Court is also seized of the matter, the other High Court may keep its hands off from interfering with the said matter.

In such view of the matter, we are not inclined to make any observation or pass any order at this stage, reserving liberty to the appellant to approach the High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, in the pending writ petition being PIL No.91 of 2015, for a direction, as required under law. We further make it clear that the learned Single Judge is at liberty to proceed further with the matter, on merits, being uninfluenced of observations, if any, made in this order. The writ appeal stands disposed of with the above observations. Connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad

To The Principal Secretary Government of Tamil Nadu Home Department Fort St. George Chennai 600 009 The Director General of Police Head of the Police Department Mylapore Chennai 600 004 The District Collector Tiruvannamalai District Tiruvannamalai The Medical Superintendent/Medical Officer Government District Headquarters Hospital Tiruvannamalai District Tiruvannamalai 1 cc to Mr. K.Balu,Advocate, SR.No.20220 1 cc to Government Pleader,Sr.No20266 W.A. No.624 of 2015 nm(o) pmk.13.4.2015