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Madras High CourtWP/17393/2014dismissed

M.Selvasivalingam v. Union Of India

2020-09-07Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2020

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.17393 of 2014 & M.P.No.1 of 2014 M.Selvasivalingam ... Petitioner vs

1. Union of India, Rep. by its Secretary, Home Affairs, South Block, New Delhi.

2. The Secretary, Government of Tamilnadu, Home Department, Fort St. George, Chennai - 9.

3. The Director General of Police (Law and Order), Mylapore, Chennai - 4.

4. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

5. Thiru.Annamalai Alwar Deputy Superintendent of Police, Devipattinam, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents 1 and 2 to consider petitioner complaint dt 18.6.2014 and forthwith conduct an independent and neutral enquiry and initiate criminal as well as departmental action against Thiru.Annamalai Alwar and his henchmen for the illegal detention of the petitioner and 200 RSS Members and the unruly and inhuman behaviour on 14.6.2014 at around 5.00 to 6.00 p.m. Devipattinam Ramanathapuram District.

For Petitioner : Mr.B.Rabu Manohar For RR2 to 4 : Mr.V.Shanmuga Sundar Special Government Pleader For R5 : Mr.S.Janarthanan R1 : No appearance

ORDER

This writ petition is heard through Video-Conferencing, on account of the COVID-19 pandemic situation.

2. The prayer is for taking criminal as well as departmental action against the fifth respondent, who is said to have behaved rudely and used abusive language while stopping the members of RSS on 14.06.2014 at Devipattinam, Ramanathapuram District. Therefore, a complaint was given by the petitioner on 18.06.2014, which was not considered immediately, this writ petition has been filed.

3. The learned Special Government Pleader, appearing on behalf of the official respondents 1 to 4 states that the said complaint was taken up and after enquiry, the same was closed.

4. The learned counsel appearing on behalf of the fifth respondent also states that the fifth respondent retired from service at least four years ago. Therefore, there is nothing to be adjudicated in this writ petition, as the same has become infructuous.

5. In view of the above, the writ petition is dismissed. No Costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar asr/rsi To

1. The Secretary, Union of India, Home Affairs, South Block, New Delhi.

2. The Secretary, Government of Tamilnadu, Home Department, Fort St. George, Chennai - 9.

3. The Director General of Police (Law and Order), Mylapore, Chennai - 4.

4. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

5. Thiru.Annamalai Alwar Deputy Superintendent of Police, Devipattinam, Ramanathapuram District.

+1cc to Mr.G.Mohanakrishnan, Advocate, S.R.No. 29199 W.P.No.17393 of 2014 & M.P.No.1 of 2014 SSI(CO) GN(15/10/2020)