S.Seeman, President v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.04.2015 Coram The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice R.MALA W.P.No.10678 of 2015 and M.P.No.1 of 2015 S.Seeman .. Petitioner -vs1 The Secretary Govt. of India, Ministry of Home Affairs, North Block, New Delhi.

2 The Director Central Bureau of Investigation, Plot No.5B, CGO Complex, Lodhi Road, New Delhi.

3 The Joint Director CBI Chennai Zone/Head of the Zone 3rd Floor, EVK Sampath Building, College Road, Chennai.

4 The Deputy Director Central Bureau of Investigation, SCB Chennai 3rd Floor, 'A' Wing, Rajaji Bhavan, Besant Nagar, 5 The Chief Secretary Govt. of Tamilnadu Fort St. George, Chennai.

6 The Secretary to Govt.

Home Department Fort St. George Chennai.

7 The Superintendent of Police Thiruvannamalai District 8 The Superintendent of Police Vellore District

9 The Superintendent of Police Salem District 10 The Dean Rajiv Gandhi Govt. Hospital, Park Town Chennai.

11 The Chief Secretary Govt. of Andhra Pradesh, Secretariat Building, Hyderabad 500 001 12 The Home Secretary Govt. of Andhra Pradesh, Secretariat Building, J Block, 4 & 5 Floor, Hyderabad .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of writ of Mandamus to direct respondents 1 to 9 to conduct detail enquiry and investigation in the pending red sandal wood criminal cases in the state of Tamilnadu and file the status report of investigation before this Court for taking appropriate steps to safeguard the limb, liberties and lives of innocent workers and to prevent further loss of human lives of this state in the neighbour state.

For Petitioner :

M/s.T.Sundaravadanam For Respondents :

Mr.Su.Srinivasan Asst. Solicitor General for R-1 :

Mr.A.L.Somayaji Adv. General, assisted by Mr.S.T.S.Moorthy, Govt. Pleader, for RR 5 to 10.

* * * * *

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM, J.) Heard the learned counsel for the parties.

2.This writ petition, designed as a Public Interest Litigation, at the instance of a person claiming to be a President of a political party, seeks for the issuance of writ of Mandamus to direct respondents 1 to 9 to conduct detail enquiry and investigation in the pending red sandal wood criminal cases in the State of Tamilnadu and file the status report of investigation before this Court for taking appropriate steps to safeguard the limb, liberties and lives of innocent workers and to prevent further loss of human lives of this State in the neighbouring state.

3.It is not in dispute that already a person, whose husband is stated to have been killed in the incident, has approached this Court and filed a writ petition seeking various reliefs including the relief of re-post mortem and this Court has declined to issue any positive direction for the purpose of conducting the re-postmortem. We can take judicial notice of the fact that the issue, which is sought to be focussed in this writ petition, is seized of by the High Court of Andhra Pradesh and a Division Bench of the Andhra Pradesh High Court has also issued certain directions. That apart, the Hon'ble Supreme Court has also seized of the matter. In fact, the learned counsel for the petitioner would submit that the matter before the High Court of Andhra Pradesh is listed today for hearing. 4.

In the light of the above, we do not propose to entertain the writ petition, styled as a Public Interest Litigation. It is made clear that this Court has not made any observation as regards the veracity of the allegations made by the petitioner in this petition. 5.Writ Petition is, accordingly, dismissed, only on the above stated grounds. No costs. Consequently, M.P.No.1 of 2015 is also dismissed.

sra To 1 The Secretary Govt. of India, Ministry of Home Affairs, North Block, New Delhi.

2 The Director Central Bureau of Investigation, Plot No.5B, CGO Complex, Lodhi Road, New Delhi.

3 The Joint Director CBI Chennai Zone/Head of the Zone 3rd Floor, EVK Sampath Building, College Road, Chennai.

4 The Deputy Director Central Bureau of Investigation, SCB Chennai 3rd Floor, 'A' Wing, Rajaji Bhavan, Besant Nagar.

5 The Chief Secretary Govt. of Tamilnadu Fort St. George, Chennai.

6 The Secretary to Govt.

Home Department Fort St. George Chennai.

7 The Superintendent of Police Thiruvannamalai District 8 The Superintendent of Police Vellore District 9 The Superintendent of Police Salem District 10 The Dean Rajiv Gandhi Govt. Hospital, Park Town Chennai.

11 The Chief Secretary Govt. of Andhra Pradesh, Secretariat Building, Hyderabad 500 001 12 The Home Secretary Govt. of Andhra Pradesh, Secretariat Building, J Block, 4 & 5 Floor, Hyderabad + 1 cc to M/s.T.Sundaravadanam, Advocate SR 20353 + 1 cc to M/s.Su.Srinivasan, Advoate SR 20755 + 1 cc to Government Pleader, High Court, Madras SR 20263 ca(co) prk20/4 W.P.No.10678 of 2015