S.Shakthivel v. The State Of Tamil Nadu
2024:MHC:2685
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2024
CORAM
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and WMP No.17890 and 17891 of 2024 S.Shakthivel ... Petitioner Vs 1 The State of Tamil Nadu Rep. by the Inspector of Police, T-9, Maraimalai Nagar Police Station, Tambaram, Chennai.
2. The Dean, Faculty of Law, SRM Institute of Science and Technology, Kattankuluthur, Chengalpattu District - 603 203.
3. SRM Institute of Science and Technology, Kattankuluthur, Chengalpattu District - 603 203.
.... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the concerned records relating to the order dated 09.05.2024 in SRMIST/FOL/2024/2576 passed by the 2nd respondent insofar as the petitioner is concerned and quash the same.
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For Petitioner : Mr.Prahalad Bhat For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) - R1 Dr.V.Venkatesan - R2 & R3
O R D E R
Read this order in conjunction with and in continuation of orders dated 03.07.2024 and 05.07.2024 that read as follows: 03.07.2024:
Print the name of Dr.V.Venkatesan, learned counsel for R2 and R3 and delete the description of the parties.
2. R1 has filed a counter affidavit stating that that the petitioner is absconding and is avoiding enquiry. This is not appreciated.
3. The petitioner will appear before R1 on 04.07.2024 at 10.30 a.m. without awaiting any notice in this regard and co-operate with the enquiry.
List on 05.07.2024 at the end of admission list. Counter of R2 and R3 will be filed by end of business on 04.07.2024 with a copy served in advance upon the petitioner. Status report of R1 will be filed on the next date of hearing.
05.07.2024:
Ms.Manusri, learned counsel, confirms that the petitioner has not taken advantage of the directions under order dated 03.07.2024 extracted below:- "Print the name of Dr.V.Venkatesan, learned counsel for R2 and R3 and delete the description of the parties.
2. R1 has filed a counter affidavit stating that that the petitioner is absconding and is avoiding enquiry. This is not appreciated.
3. The petitioner will appear before R1 on 04.07.2024 at 10.30 a.m. without awaiting any notice in this regard and co-operate with the enquiry.
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4. List on 05.07.2024 at the end of admission list. Counter of R2 and R3 will be filed by end of business on 04.07.2024 with a copy served in advance upon the petitioner. Status report of R1 will be filed on the next date of hearing."
2. However, she states that his non-appearance before R1 was on account of the fact that he could not plan his travel from Sivagangai at short notice. Thus, petitioner is given one last opportunity of one week to enable him to appear before R1 and cooperate with the enquiry ongoing.
3. List on 12.07.2024 in the same position.
2. Today, Mr.Vinoth Kumar, learned Government Advocate confirms that the petitioner has appeared before R1 on 10.07.2024 and that enquiry is on-going. Let the enquiry be continued with the police making necessary verification including specifically of the CCTV footage, which will reveal an impartial and unbiased version of the events and a final report filed within a period of two (2) weeks as ordered by this Court on 06.06.2024 in Crl.O.P.No.12880 of 2024.
3. The prayer in Writ Petition challenges order dated 09.05.2024 placing the petitioner under suspension, pending enquiry into the unsavoury events of 07.05.2024. R2 and R3 have since completed the enquiry and passed final orders on 03.07.2024 rusticating the petitioner for a period of one year.
Dr.ANITA SUMANTH,J.
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4. With this, nothing survives either in the order of suspension or in this Writ Petition and recording the same, this Writ Petition and the connected Miscellaneous Petitions are closed. No costs. sl 12.07.2024 Index:Yes/No Speaking order:Yes To 1 The State of Tamil Nadu Rep. by the Inspector of Police, T-9, Maraimalai Nagar Police Station, Tambaram, Chennai.
and WMP No.17890 and 17891 of 2024 4/4