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Madras High CourtWP/25166/2017allowed

Muralidharan v. State Of Tamilnadu

2023-04-27Honourable Ms.Justice V.M.Velumani,Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.04.2023

CORAM

THE HONOURABLE Ms. JUSTICE V.M.VELUMANI AND THE HONOURABLE Mr. JUSTICE V.LAKSHMINARAYANAN AND W.M.P.Nos.26602, 26603 & 26604 of 2017 1.S.Muralidharan 2.P.Kumaresan .. Petitioners Vs.

1.State of Tamil Nadu Rep. by its Principal Secretary Home Department Secretariat, Chennai 600 009 2.State Human Rights Commission-Tamil Nadu Thiruvarangam 143, P.S.Kumarsamy Rajaji Salai Greenways Road, Chennai 600 028 3.J.Balaji 4.Chandrasekharan .. Respondents 1/4

Petition filed under Article 226 of the Constitution of India praying to issue a writ of certiorari calling for the records of the 1st respondent in respect of the clauses 5 and 6 of the impugned Government Order (2D) No.198, Home (Pol-IV) Department dated 05.07.2017 and quash clause 5 and 6 therein. For Petitioners : Ms.J.Madhuri For R1 : Mr.P.Gurunathan Additional Government Pleader For R2 :

Mr.S.Udayakumar For R3 :

Mr.P.G.Thiyagu

O R D E R

(Order of the Court was made by V.LAKSHMINARAYANAN, J.) This writ petition challenges the orders of the Government in G.O.(2D) No.198, Home (Pol-IV) Department dated 05.07.2017, pursuant to the order of the State Human Rights Commission in SHRC.No.9020/2013 dated 24.05.2016.

2. In W.P.No.22760 of 2017, we have set aside the recommendation of the State Human Rights Commission and remitted the matter to the said authority, for fresh disposal. The impugned order in this writ petition is a consequential order. 2/4

Therefore, the impugned order dated 05.07.2017 is set aside and the writ petition is allowed. No costs. Connected miscellaneous petitions are closed. (V.M.V.,J.) (V.L.N.,J.) 27.04.2023 Index : Yes/No (2/2) gya To 1.The Principal Secretary Home, Prohibition and Excise Department Secretariat, Chennai 600 009 2.State Human Rights Commission-Tamil Nadu Thiruvarangam 143, P.S.Kumarsamy Rajaji Salai Greenways Road, Chennai 600 028 3/4

V.M.VELUMANI, J.

AND V.LAKSHMINARAYANAN, J.

gya 27.04.2023 (2/2) 4/4