Mrs.Maragatham, v. The State Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2018

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH W.P.No.2343 of 2018 and W.M.P.No.2874 of 2018 Maragatham ... Petitioner Vs 1.The State of Tamil Nadu rep by its Secretary Home Department Fort St.George Chennai 600 009.

2.The Superintendent Central Prison 3.The Superintendent of Police Nagapattinam District Nagapattinam.

4.The Inspector of Police Aanaikkaranchattiram Police Station Nagapattinam District.

5.The Dean Mahatma Gandhi Government Hospital ... Respondents (R5 suo motu impleaded as per order of the Court dated 19.02.2018) Writ Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the 3rd respondent to take appropriate action against the erring police officials namely 1. Karunanidhi, 2. Ramamurthy and 3. Vinayagam who have brutally assaulted petitioner's son Vinoth by detaining him illegally under the guise of investigation, based on the representation of the petitioner dated 30.01.2018. For petitioner : Mr.C.Prabakaran For Respondents : Mr.D.Raja, Additional Government Pleader

ORDER

Pursuant to the order dated 22.02.2018 passed by this Court, the petitioner's son, viz., Vinoth is now taking treatment in Sri Ramachandra Medical College and Hospital, Porur, Chennai.

2. Learned Additional Government Pleader submitted that the petitioner's son is taking treatment at his costs; as and when the Doctors of Sri Ramachandra Medical College Hospital find him fit to be discharged, he may be discharged and sent back to the prison.

3. Taking into consideration the nature of the allegations made in the affidavit, this Court is of the view that this is not a fit case where mandamus as prayed for can be issued. Accordingly, this petition is closed, however, with liberty to the petitioner to work out his remedies in the manner known to law, if so advised. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar gms To 1.The Secretary State of Tamil Nadu Home Department Fort St.George Chennai 600 009.

2.The Superintendent Central Prison 3.The Superintendent of Police Nagapattinam District Nagapattinam.

4.The Inspector of Police Aanaikkaranchattiram Police Station Nagapattinam District.

5.The Dean Mahatma Gandhi Government Hospital +1cc to Mr.C.Prabakaran, Advocate, S.R.No.25498 +1cc to the Government Pleader, S.R.No.25613 +1cc to Mr.C.Prabakaran, Advocate, S.R.No.11384 (04/06/18) W.P.No.2343 of 2018 MP(CO) RRK(03/05/2018)