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Madras High CourtWP/7160/2014withdrawn dismissed

Pattali Makkal Katchi v. The Government Of Tamilnadu

2019-01-31Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2019

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.7160 of 2014 and M.P.No.1 of 2014 Pattali Makkal Katchi (PMK) Rep. by its President, G.K.Mani ... Petitioner Vs.

1. The Government of Tamil Nadu Rep. by Chief Secretary to Government Fort. St. George, Secretariat Chennai-600 009.

2. The Secretary to Government Home Department, Govt. of Tamil Nadu Fort St. George, Secretariat Chennai-600 009.

3. The Director General of Police Kamarajar Salai, Mulapore, Chennai-600 004.

4. The Superintendent of Police, Villupuram District

5. The Commissioner for Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

6. All India Anna Dravida Munnetra Kazhagam (ADMK), rep. by Dr.J.Jayalalithaa 7.K.Ramanajuam, I.P.S., Director General of Police, Kamarajar Salai, Mylapore Chennai-600 004.

8. S.Manoharan, I.P.S., The Superintendent of Police, Villupuram District,

9. The Director / Joint Director, Central Bureau of Investigation (CBI) Shastri Bhawan, Nungambakkam Chennai-600 006. ... Respondents PRAYER: Writ Petition has been filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the Central Bureau of Investigation (CBI) to constitute a Special Investigation Team (SIT) to collect the details with regard to all the cases registered between 30.04.2013 to 31.05.2013 in the State of Tamil Nadu against the members of the petitioner party, its Founder Leader, office bearers, supporters and sympathizers; the detention orders that have been passed under the National Security Act and Tamil Nadu Act 14 of 1982; the proceedings initiated under the Tamil Nadu Prevention of Damage to Property Act, 1993 and investigate into the misuse and abuse of powers by the respondents 1 to 7 herein out of political vendetta and take appropriate action for such misuse and abuse of powers in accordance with law and submit a report to this court in this regard for taking further necessary action.

For Petitioner : Mr.M.R.Elavarasan for M/s.K.Balu For Respondents : Mr.R.Ravichandran, Government Advocate (Crl. Side) for R1 to R5 M/s.Senthil, for R6 Mr.K.Srinivasan, for R9 Spl. Public Prosecutor(CBI Cases) for R9

O R D E R

The Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India, praying for a Writ of Mandamus, to direct the Central Bureau of Investigation (CBI) to constitute a Special Investigation Team (SIT) to collect the details with regard to all the cases registered between 30.04.2013 to 31.05.2013 in the State of Tamil Nadu against the members of the petitioner party, its Founder Leader, office bearers, supporters and sympathizers; the detention orders that have been passed under the National Security Act and Tamil Nadu Act 14 of 1982; the proceedings initiated under the Tamil Nadu

Prevention of Damage to Property Act, 1993 and investigate into the misuse and abuse of powers by the respondents 1 to 7 herein out of political vendetta and take appropriate action for such misuse and abuse of powers in accordance with law and submit a report to this court in this regard for taking further necessary action.

2.Though the prayer sought by the petitioner in the larger interest, however, the learned counsel appearing for the petitioner seeks permission of this Court to withdraw this petition and he has made an endorsement to the effect in case to case basis.

3.In view of the above, if any atrocity or illegality is found, the petitioner is at liberty to approach this Court to work out the remedy in the manner known to law. 4.Recording the endorsement made by the learned counsel appearing for the petitioner, this Writ Petition stands dismissed as withdrawn. No costs. Consequently connected miscellaneous petition is closed.

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

1. The Government of Tamil Nadu Rep. by Chief Secretary to Government Fort. St. George, Secretariat Chennai-600 009.

2. The Secretary to Government Home Department, Govt. of Tamil Nadu Fort St. George, Secretariat Chennai-600 009.

3. The Director General of Police Kamarajar Salai, Mulapore, Chennai-600 004.

4. The Superintendent of Police, Villupuram District

5. The Commissioner for Revenue Administration, Ezhilagam, Chepauk, Chennai-600 005.

6. The Director / Joint Director, Central Bureau of Investigation (CBI) Shastri Bhawan, Nungambakkam Chennai-600 006.

+1 cc to the Public Prosecutor, Advocate, S.R.No.9016 W.P.No.7160 of 2014 and M.P.No.1 of 2014 PA(CO) SSM(19/02/2019)