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Madras High CourtWP/2481/2018disposed of

Mr.Kandaswamy Mudaliar v. The State Rep. By

2024-01-12Honourable Mr Justice S.M. Subramaniam8 pages

2024:MHC:5801

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12-01-2024

CORAM

THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM Mr.Kandaswamy Mudaliar .. Petitioner -vs1.The State Represented by its The Tamil Nadu Home Secretary, Secretariat, St. George Fort, Chennai-600 009.

2.The District Collector, 3.The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai-600 028.

4.The State Represented by The Deputy General of Police, Dr.Radhakrishnan Salai, Post Box 601, Mylapore, Chennai-600 004.

5.The State Represented by The Deputy Inspector General of Police, Cheyyar - Kancheepuram Road, Vedhachalam Nagar Ext., Gem Nagar, Kancheepuram.

6.The State Represented by The Superintendent of Police, Tiruvallur District Police Office, Tiruvallur-602 001.

7.Mr.Gnanavel, The Deputy Superintendent of Police, Land Grabbing Team, 8.Mr.Nandagopal, Inspector of Police, Anti Land Grabbing Team, 9.Mr.Leo Francis, Sub Inspector of Police, Anti Land Grabbing Team,

10.Mr.Suryakumar, Sub Inspector of Police, Anti Land Grabbing Team, 11.Ms.Philomone, Sub Inspector of Police, Anti Land Grabbing Team, 12.Mr.Gopal, Sub Inspector of Police, Anti Land Grabbing Team, 13.Ms.Reeta, Sub Inspector of Police, Anti Land Grabbing Team, [R-7 to R-13 impleaded vide order of this Court dated 15.03.2018 made in WMP No.4568 of 2018 in WP 2481 of 2018] .. Respondents Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 13.11.2017.

For Petitioner :

Mr.P.Chandrasekar For Respondents-1 to 6 :

Mr.G.Ameedius, Government Advocate.

For Respondents-8, 10 to :

No Appearance For Respondents-7 and 9:

Not Ready in Notice

O R D E R

The present writ petition has been filed to consider the representation submitted by the petitioner on 13.11.2017 regarding the illegal arrest of the petitioner and seeking compensation.

2. Admittedly, a criminal case registered against the petitioner is pending before the Competent Criminal Court of Law.

3. Therefore, the High Court, in the present writ petition, cannot conduct a roving enquiry nor adjudicate the disputed facts raised between the parties. If at all any illegality has been established against the

Police Authorities, the petitioner is entitled to seek compensation under the Criminal Procedure Code before the Court in which the trial is being conducted. Hence, the petitioner is at liberty to work out his remedy in the manner known to law.

4. With the above liberty, the present writ petition stands disposed of. However, there shall be no order as to costs. 12-01-2024 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To 1.The Tamil Nadu Home Secretary, Secretariat, St. George Fort, Chennai-600 009.

2.The District Collector, 3.The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai-600 028.

4.The Deputy General of Police, Dr.Radhakrishnan Salai, Post Box 601, Mylapore, Chennai-600 004.

5.The Deputy Inspector General of Police, Cheyyar - Kancheepuram Road, Vedhachalam Nagar Ext., Gem Nagar, Kancheepuram.

6.The Superintendent of Police, Tiruvallur District Police Office, Tiruvallur-602 001.

7.Mr.Gnanavel, The Deputy Superintendent of Police, Land Grabbing Team,

8.Mr.Nandagopal, Inspector of Police, Anti Land Grabbing Team, 9.Mr.Leo Francis, Sub Inspector of Police, Anti Land Grabbing Team, 10.Mr.Suryakumar, Sub Inspector of Police, Anti Land Grabbing Team, 11.Ms.Philomone, Sub Inspector of Police, Anti Land Grabbing Team, 12.Mr.Gopal, Sub Inspector of Police, Anti Land Grabbing Team, 13.Ms.Reeta, Sub Inspector of Police, Anti Land Grabbing Team,

S.M.SUBRAMANIAM, J.

Svn WP 2481 of 2018 12-01-2024