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Madras High CourtWP/17869/2017dismissed

Mr.M.Shanmugam v. The Principal District Judge

2019-03-08Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.17869 of 2017 M.Shanmugam ... Petitioner Vs.

1.The Principal District Judge, Dharmapuri District, Dharmapuri - 636 701.

2.The Chief Judicial Magistrate, Dharmapuri, Dharmapuri District - 636 701.

3.The Judicial Magistrate No-II, Dharmapuri, Dharmapuri District - 636 701.

... Respondents PRAYER:

Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 12.04.2017 and thereby direct the respondents to take appropriate action against the erring official for illegal detention of the petitioner.

For Petitioner :

Mr.B.Gopalakrishnan For Respondents:

Mr.M.Mohamed Riyaz Additional Public Prosecutor.

O R D E R

This petition has been filed to direct the respondents to consider the petitioner's representation dated 12.04.2017 and to direct the respondents to take appropriate action against the erring official for illegal detention of the petitioner. 2.

It is seen from the petitioner's representation dated 12.04.2017, that after getting bail and executing sureties, the petitioner was kept under judicial custody for three days. Therefore, the petitioner claimed compensation of Rs.20,00,000/- https://hcservices.ecourts.gov.in/hcservices/

for his illegal detention. Since no action has been taken on his representation, the petitioner approached this Court by way of this writ petition.

3.

The prayer sought for in this writ petition cannot be maintainable and hence this petition is liable to be dismissed. However, the petitioner is at liberty to file appropriate petition before the first respondent viz., the Principal District Judge, Dharmapuri, if so advised, for appropriate relief.

4.

With the above observations, this petition stands dismissed. No costs.

Sd/- Deputy Registrar (CJ Conf.) //True Copy// Sub Assistant Registrar rts To 1.The Principal District Judge, Dharmapuri District, Dharmapuri - 636 701.

2.The Chief Judicial Magistrate, Dharmapuri, Dharmapuri District - 636 701.

3.The Judicial Magistrate No-II, Dharmapuri, Dharmapuri District - 636 701.

4. The Public Prosecutor, High Court of Madras, Chennai.

+1cc to Mr.B.Gopalakrishnan, Advocate, S.R.No.22552 W.P.No.17869 of 2017 KS(CO) CS/27/06/2019 https://hcservices.ecourts.gov.in/hcservices/