Madras High CourtWP/12001/2023dismissed

K.Murugesan v. The Home Secretary

2025-02-14Honourable Mr Justice G.K. Ilanthiraiyan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN & W.M.P.No.11851 of 2023 K.Murugesan, S/o Krishnan. Mettu Street South, Chinnavandu Thottam, Ulipuram, GangavalU (Tk), Salem-636 118.

... Petitioner /versus/

1. The Home Secretary, The Secretariat, Saint George Fort, Chennai-600 009.

2. The Director General of Police, Dr.Radhaknshnan Salai, Mylapur, Chennai-4.

3. The Inspector-General of Police, Race Course Road, Race Course, Coimbatore.

4. The District Collector, The District Collector Complex, Salem, SaIem-636 001.

5. The Superintendent of Police, District Police Office, Neththi Medu, Salem, Salem-636 002.

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6. Ramachandran, The Deputy Superintendent of Police, The Deputy Superintendent of Police Office Attur, Salem-636 105.

7. The Inspector of Police, Anti-Land Grabbing Special Cell, District Police Office.

Nethimedu, Salem 636 102.

8. K Murugesan, The Inspector of Police,

9. A.Sivasankaran, The Sub- Inspector of Police,

10. Uthayakumar, The Sub- Inspector of Police,

11. Iyyappan, The Sub- Inspector of Police,

12. Periyasami, The Special Sub-Inspector of Police,

13. Ramaraj, The Special Sub- Inspector of Police, 08 to 13 have been serving at Thammampatti Police Station, Thammampatti, Gangavalli (Tk), Salem -636

14. K. Durai, Village Administrative Officer,

15. P. Arjunan, Assistant of VAO, 14 & 15 have been serving at Ulipuram Village, Gangavalli (Tk), Salem -636 113.

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16. Venkatraman, S/o Chinnusamy,

17. Kannan, S/o Chinnusamy,

18. Chinnusamy, S/o Narayanan (a) Perumal,

19. Lakshmi, W/o Chinnusamy,

20. Vennila, W/o Venkatraman,

21. Seetha, W/o Kannan,

22. Seenu (a) Seenivasan, S/o Venkatraman

23. Selvam, S/o Venkatraman, 16 to 23 have been residing at No 8/255-A, Mukkai Kadu, Mettu Street, Ulipuram, Ganngavalli (TK), Salem- 636118.

24. Chandiran, S/o Vengadasalam,

25. Selvi (a) Tamil Selvi, W/o Chandiran, 24 & 25 have been residing at Sappathi Kadu, Mettu Street South, Ulipuram, Gangavalli (Tk), Salem, 636 118.

26. Palanivel, S/o Veeran, Mettu Street,Ulipuram, Gangavalli (Tk), Salem 636 118.

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27. Periyasaray, S/o Ramasamy,

28. Ramesh, S/o Periyasamy,

29. Nithiesh, S/o Ramesh, 27 to 29 have been residing at Saraswathi School (Opp), Mettu Street North, Ulipuram, Gangavalli (Tk),Salem, 636 118,

30. Raju, S/o Varathan,

31. Pichchammal, W/oRaju,

32. Sanjaikumar, S/o Periyasamy 30 to 32 have been residing at Mettu Street South, Ulipuram, Gangavalli (Tk), Salem, 636 118.

... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the 4th Respondent to conduct an enquiry on the Petitioner's representation related to the above said Respondents 6 and 8 to 15 misuse their official power and conducting the Kangaroo Court colluded with the other Respondents herein while pending / the order in C.M.P.No.214/2022 passed by the Learned Judicial Magistrate Court No.II at Attur on 04/01/2022, to the above said 8th respondent who directed to register the first information report on the Petitioner's complaint dated 08/10/2021 in accordance with law and conducting the proceedings by affording of personal hearings of the parties on the Petitioner's Representation dated 03/02/2023 and the same submit the Enquiry Report before this 4/8

Honorable Court.

For Petitioner : Mr.D.R.Ashok Kumar For R1 to R3 & R5: Mr.R.Vinothraja, Govt. Advocate (Crl.Side) For R4 : Mr.P.Balathandayutham, Spl.G.P

O R D E R

The petition has been filed for direction, directing the 4th Respondent to conduct an enquiry on the Petitioner's representation related to the above said Respondents 6 and 8 to 15 misuse their official power and conducting the Kangaroo Court colluded with the other Respondents herein while pending / the order in C.M.P.No.214/2022 passed by the Learned Judicial Magistrate Court No.II, Attur on 04/01/2022, to the above said 8th respondent who directed to register the first information report on the Petitioner's complaint dated 08/10/2021 in accordance with law and conducting the proceedings by affording of personal hearings of the parties on the Petitioner's Representation dated 03/02/2023 and the same submit the Enquiry Report. 5/8

2. On instructions, Mr.R.Vinothraja, Learned Government Advocate (Crl.Side) for the respondents police submits that the Inspector of Police, Thambampatti Police Station has received the complaint and registered the F.I.R in Crime No.85 of 2022. After completion of investigation, the case was closed as mistake of fact. Thereafter, referred charge sheet notice was also served to the petitioner and the closure report was filed before the Judicial Magistrate No.II, Attur, Salem District.

3. Therefore, the direction sought in this petition cannot be granted and hence, it is liable to be dismissed.

4. In view of the above, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 14.02.2025 Index : Yes/No.

: Yes/No.

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