V.Mythili, D/O.Venkatasamy v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 30278 of 2017 V. Mythili ... Petitioner -vs1. The State of Tamil Nadu, Rep. by the Principal Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

4. Mr. Jawahar

5. The Inspector of Police, H1 Washermanpet Police Station, Chennai - 600 021.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus directing the First to Third Respondents to initiate immediate departmental action against the Fourth Respondent for their torture of all the members of the Petitioner's family at 2 A.M on 12.11.2017 on 12.11.2017 at their house including their illegal arrest and detention of Minor Vijayaraghavan and Minor Niranjankumar at Fifth Respondent Police Station. For Petitioner :

Mr. P.Pugalenthi For Respondents:

Mr. M.R.Gokula Krishnan Additional Government Pleader

O R D E R

Heard Mr. P.Pugalenthi, Learned Counsel for the Petitioner and Mr. M.R.Gokula Krishnan, Learned Additional Government Pleader appearing for the Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2.

When it was pointed that the Petitioner has an effective alternative remedy to make a complaint under the provisions of the Protection of Human Rights Act, 1993, Learned Counsel for the Petitioner seeks permission of the Court to withdraw the Writ Petition with liberty to resort to the said procedure and he has made an endorsement to that effect in the court record. 3.

In view of the same, the Writ Petition is dismissed as withdrawn, granting such liberty. It is made clear that for the purpose of reckoning limitation for availing the aforesaid remedy, the period from the date of filing of the Writ Petition, viz., 20.11.2017, till the date on which the certified copy of this order is made ready by the Registry, shall be excluded. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar skr To

1. The Principal Secretary to Government of Tamil Nadu, Home Department, Secretariat, Chennai - 600 009.

2. The Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

3. The Commissioner of Police, Chennai City, Veppery, Chennai - 600 007.

4. The Inspector of Police, H1 Washermanpet Police Station, Chennai - 600 021.

+1cc to the Government Pleader, S.R.No.32546 W.P. No. 30278 of 2017 PM(CO) UMA(10/06/2022)