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Madras High CourtWP/9217/2012disposed of

G.Ramakrishnan, v. Government Of Tamil Nadu,

2024-02-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.G.Ramakrishnan 2.K.Kanagaraj : Petitioners versus 1.Government of Tamil Nadu, rep. By its Secretary, Department of Home, Fort St.George, Chennai 9 2.The Director General of Police, Kamarajar Salai, Chennai 4.

3.The District Collector, Thoothukudi District 628 101 4.The Revenue Divisional Officer, Beach Road, Thoothukudi 628 001 5.Medai Dalavoi K.Thirumalayappa Mudaliar 6.P.Sankaran 7.R.S.Sornam 8.M.Chinnamuthu 9.C.Arumugam 10.P.Shanmugavel 11.E.Jeyakumar 12.P.Pechimuthu : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to entrust the investigation into the land grabbing incidents in Deivacheyalpuram Revenue Village, Srivaikuntam Taluk, Thoothukudi District, to a team headed by senior officials of the 1st and 2nd respondents, restore the land back to the villagers who have been in continuous possession and enjoyment of the said lands. For Petitioner :

Mr.N.G.R.Prasad, for Mr.K.Elango For Respondents 1,3 & 4 :

Mr.C.Kathiravan, Special Government Pleader For Respondent No.2 :

Mr.R.Muniyapparaj, Additional Public Prosecutor, assisted by Mr.M.Sylvestor John No appearance for respondents 6 to 12 Not ready in notice in respect of respondent No.5

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.N.G.R.Prasad, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader, appearing for respondents 1, 3 and 4 and Mr.r.Muniyapparaj, learned Additional Public Prosecutor, for the second respondent.

2. Status of the three cases is submitted by the Superintendent of Police, Thoothukudi. The same is as under : Sl.

No.

Police Station Crime Number Under Section Stage Status South Police Station, Thoothukudi 08/2012 U/s.294(b), 323, 324, 307, 506(ii) IPC Pending Trial P.R.C.No.46 of 2022 The next hearing date is 26.02.2024 for accused appearance South Police Station, Thoothukudi 09/2012 U/s.147, 148, 294(b), 323, 306, 506(ii) IPC Yet to be taken on file Fresh charge sheet filed on 04.02.2024 before learned Judicial Magistrate Court No.1, Thoothkudi, through e-filing South Police Station, Thoothukudi 11/2012 U/s.506(ii) and Sec.3 of Explosive Substances Act Transferred to CBCID, Thoothukudi on 19.06.2012 Charge sheet filed on 04.12.2023 before the learned Judicial Magistrate No.1, Kovilpatti and the same was taken on file and assigned PRC No.88 of 2023, dated 14.12.2023. The next hearing date is 04.03.2024 for committal It is submitted that Cr.Nos.

8/2012 and 11/2012 could be concluded within a period of one year. In Cr.No.9/2012, fresh charge sheet has been filed on 04.02.2024, before the learned Judicial Magistrate No.1, Thoothukudi, through e-filing and the same also, from the date of committal, would be endeavoured to be completed within one year.

The Judicial Magistrate concerned, where the matter is pending committal, shall commit the same at the earliest.

3. We record the said statement. In view of the said statement, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 19.02.2024 Index : Yes/No : Yes/No tar

To 1.The Secretary, Department of Home, Fort St.George, Chennai 9 2.The Director General of Police, Kamarajar Salai, Chennai 4.

3.The District Collector, Thoothukudi District 628 101 4.The Revenue Divisional Officer, Beach Road, Thoothukudi 628 001

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(tar) 19.02.2024