Madras High CourtWP/9167/2022dismissed

T.Suganya v. State Of Tamilnadu

2022-04-13Honourable Mr Justice P. N. Prakash,Honourable Mr Justice A.A.Nakkiran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2022

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN W.P.NO.9167 OF 2022 T.Suganya ... Petitioner Vs.

1. State of Tamil Nadu represented by The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.

2. The Director General of Police, Dr.Radhakrishnan Salai Road, Mylapore, Chennai - 600 004.

3. The District Collector, Kancheepuram District, Kancheepuram.

4. The Superintendent of Police, Kancheepuram District, Kancheepuram.

5. The Deputy Superintendent of Police, Kancheepuram District, Kancheepuram.

6. The Superintendent, Central Prison, Salem.

7. The Inspector of Police, B-1, Siva Kanchi Police Station, Kancheepuram District.

... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 04.04.2022 and to stop the fake encounter as against my husband Thanigaivel @ Thaniga.

For Petitioner : Mr.S.Karthikeyan for Mr.K.Thenrajan For Respondents : Mr.R.Muniyapparaj Additional Public Prosecutor

ORDER

[Made by P.N.PRAKASH, J.] A writ of mandamus of this nature cannot be granted, as the same is settled beyond cavil by the Supreme Court that a writ of mandamus can only be issued for enforcement of a statutory duty and there is no statutory duty cast upon the respondents to consider the representation of such a nature and pass orders. In the result, this writ petition stands dismissed. No costs.

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

1. The Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009.