Vatheeshwari v. The Secrtary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.09.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.Nos.12113 and 12119 of 2025 and W.M.P.Nos.13677 and 13680 of 2025

1. Vaitheeswari ... Petitioner in W.P.12113/2025

2. Divya ... Petitioner in W.P.12119/2025 -vs1. The Secretary, Department of Home, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

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

3. The Superintendent of Police, Erode District.

4. The Inspector of Police, Cithode Police Station, Erode District.

5. The Dean Coimbatore General Hospital, Coimbatore District.

... Respondents Common Prayer: Writ Petitions are filed under Article 226 of the 1/6

Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to conduct an enquiry with regard to the gunshot injury sustained by the petitioners' husbands Boopalan and Saravanan respectively on their right legs, which was the result of a shoot out by the police in connection with the Crime No.137 of 2025 on the file of the 4th respondent and to provide adequate medical treatment in a private hospital for the severe injuries sustained by the petitioners' husbands based on the representation dated 22.03.2025 by the petitioners herein. For Petitioners : Mr.R.Sankarasubbu For Respondents : Mr.A.Gokulakrishnan Addl. Public Prosecutor ***** C O M M O N O R D E R (By J.Nisha Banu,J.)

These Writ Petitions have been filed for a direction to the respondents 1 to 3 to conduct an enquiry with regard to the gunshot injury sustained by the petitioners' husbands Boopalan and Saravanan respectively on their right legs, which was the result of a shoot out by the police in connection with the Crime No.137 of 2025 on the file of the 4th respondent and to provide adequate medical treatment in a private hospital for the severe injuries sustained by the petitioners' husbands based on the representation dated 22.03.2025 by the petitioners herein.

2. For the sake of brevity, the facts are being taken from W.P.No.12113 of 2025, which read as under:

i) The petitioner was arrayed as an accused in Crime No.137 of 2025 on the file of the 4th respondent for offences under Sections 191(2), 191(3), 109(1) and 103 of BNS, 2023. Based on the complaint of one Saranya, he was arrested.

ii) It was alleged that he tried to attack the Police and escape from the custody, for which, a separate case in Crime No.138 of 2025 under Sections 121(1) and 109(1) of BNS came to be registered against him. iii) It is stated that her husband sustained severe injuries on account of the shoot out by the Police and he was treated by the 5th respondent. The petitioner has given a representation to the respondents 1 to 5 for treating her husband in a private hospital on the ground that his leg was affected due to bullet injury and there is a likelihood of losing his right. 3/6

Despite receipt of the representation, there was no decision taken in respect of treating her husband in a private hospital. Hence, the petitioner is before this Court.

3. When these matters are taken up for hearing, learned Additional Public Prosecutor has brought to the notice of this Court that the husbands of the petitioners have been treated and they were discharged from the hospital.

4. Be that as it may, the petitioners have given a representation dated 22.03.2025 to the respondents 1 to 5 and the same is still pending with them without any decision. Hence, this Court directs the concerned respondent, more particularly, 2nd respondent to consider the said representation dated 22.03.2025 and necessary orders shall be passed thereon on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Needless to state that the order to be passed on the representation dated 22.03.2025 shall be communicated to the petitioners within a week thereafter. 4/6

5. With the above directions, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. (J.N.B.J.,) (S.S,J.,) 08.09.2025 Index: Yes / No Internet: Yes / No ar To:

1. The Secretary, Department of Home, Government of Tamil Nadu, Fort St.George, Chennai-600 009.

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

3. The Superintendent of Police, Erode District.

4. The Inspector of Police, Cithode Police Station, Erode District.

5. The Dean Coimbatore General Hospital, Coimbatore District.

J.NISHA BANU, J.

AND 5/6

S.SOUNTHAR , J.

ar 08.09.2025 6/6