Madras High CourtWP/44738/2016disposed of

P.A.Joseph, S/O.P.Antony, v. The Office Of The Honourable

2017-10-06Honourable The Chief Justice,Honourable Mr Justice M. Sundar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2017

CORAM

The HON'BLE MS.INDIRA BANERJEE, CHIEF JUSTICE AND The HON'BLE MR.JUSTICE M.SUNDAR W.P.No.44738 of 2016 P.A.Joseph .. Petitioner vs.

1. The Office of the Hon'ble Prime Minister of India, rep. by its Principal Secretary, 152, South Block, Raisina Hill, New Delhi - 110 011.

2. The Director, Ministry of Parliamentary Affairs, Room No.92, Parliament House, New Delhi - 110 001.

3. The Department of Ministry of Home Affairs, rep. by its Home Secretary, North Block, Central Secretariat, New Delhi - 110 001.

4. The Department of Law and Justice, rep. by its Secretary, 26, Mansingh Road, Jaisalmer House, New Delhi - 110 011.

5. The Director, Central Bureau of Investigation, Plot No.5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi - 110 003.

6. The State of Tamil Nadu, rep. by the Chief Secretary, Secretariat Buildings, Fort St. George, Chennai - 600 009.

7. The State of Tamil Nadu, rep. by its Home Secretary, Secretariat Buildings, Fort St. George, Chennai - 600 009.

8. The State of Tamil Nadu, Department of Law, rep. by its Secretary, Fort St. George, Chenai - 9.

9. The Tamil Nadu Legislative Assembly, rep. by its Secretary, Fort St. George, Chennai - 9.

10. The Director General of Police, O/o. The Director General of Police, Mylapore, Chennai - 600 004.

11. The Commissioner of Police, Chennai City Corporation, Veppery, Chennai - 7.

12. The Chairman, Apollo Hospitals, No.21, Greams Lane, Chennai - 600 006.

.. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus directing the respondents 1 to 4 to appoint a Commission headed by Three Retired Supreme Court Judge's under the provisions of The Commissions of Inquiry Act, 1952 to find out the truth and to inquire into "the Mysterious death of the former Chief Ministry of Tamil Nadu Ms.Dr.J.Jayalalitha" as it was done in the case of Our National Leader Netaji Subhash Chandra Bose pursuant to direction of Hon'ble Division Bench of Calcutta High Court in Rudra Jyoti Bhattacharjee & another v. Union of India and others, reported in AIR 1999 (CAL) 9 by considering the petitioner's representation dated 16.12.2016.

For Petitioner : Mr.Vijayan Senior Cousel Assisted by Mr.E.Vijay Anand For Respondents : Mr.J.Madhanagopal Rao for respondent Nos.1 to 5 Mr.T.N.Rajagopalan Government Pleader (i/c) for respondent Nos.6 to 11

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) Since the State has constituted Commission of Inquiry under Section 3 of the Commissions of Inquiry Act, 1952, this writ petition praying for an order on the Central Government to appoint Commission of Inquiry under the aforesaid Section has become infructuous and the same is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar bbr To:

1. The Principal Secretary, Office of the Hon'ble Prime Minister of India, 152, South Block, Raisina Hill, New Delhi - 110 011.

2. The Director, Ministry of Parliamentary Affairs, Room No.92, Parliament House, New Delhi - 110 001.

3. The Home Secretary, Department of Ministry of Home Affairs, North Block, Central Secretariat, New Delhi - 110 001.

4. The Secretary, Department of Law and Justice, 26, Mansingh Road, Jaisalmer House, New Delhi - 110 011.

5. The Director, Central Bureau of Investigation, Plot No.5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi - 110 003.

6. The Chief Secretary, State of Tamil Nadu, Secretariat Buildings, Fort St. George, Chennai - 600 009.

7. The Home Secretary, State of Tamil Nadu, Secretariat Buildings, Fort St. George, Chennai - 600 009.

8. The Secretary, State of Tamil Nadu, Department of Law, Fort St. George, Chenai - 9.

9. The Secretary, Tamil Nadu Legislative Assembly, Fort St. George, Chennai - 9.

10.The Director General of Police, O/o. The Director General of Police, Mylapore, Chennai - 600 004.

11.The Commissioner of Police, Chennai City Corporation, Veppery, Chennai - 7.

+1cc to Mr.J.Madanagopal Rao, Advocate, S.R.No.71922 +1cc to Mr.E.Vijaya anand, Advocate, S.R.No.71655 +1cc to the Government Pleader, S.R.No.72349 W.P.No.44738 of 2016 SS(CO) RMP(13/11/17)