Sofiya v. The Home Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2023
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Sofiya ... Petitioner Vs.
1. The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai -9.
2. The Director General of Police, DGP Office, Mylapore, Dr.Radhakrishnan Salai, Chennai -5.
3. The District Collector, Coimbatore District.
4. The Superintendent of Police, Coimbatore District.
5. The Revenue Divisional Officer, Sulur Taluk, Coimbatore District.
6. The Tahsildar, Sulur Taluk, Coimbatore District.
7. The Inspector of Police, Sulur Police Station, Coimbatore District. ... Respondents 1/4
Prayer: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue Writ of Mandamus directing all respondents to conduct re-postmortem of the body of the petitioner's mother and to conduct enquiry by 5th respondent in the light of petitioner's representation dated 28.11.2023.
For Petitioner : M/s.Veerasanthi For Respondents : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.Side)
O R D E R
Petitioner herein is the daughter of Mohamed Jainamb, who is a retired staff at Primary Health Centre. There is a civil dispute between the petitioner herein, her sister and the deceased mother. The parents of the petitioner got separated in the year 1997. At the time of her death, Mohamed Jainamb was with their sisters. Since, petitioner was not informed about the death of her mother, petitioner herein suspects that, there is some foul play in her mother's death and therefore, petitioner lodged a complaint. The complaint was taken for investigation by the Inspector of Police, Sulur Police, Coimbatore in FIR No.803 of 2023 dated 25.11.2023. The body of Moohamed Jainamb was sent for post mortem at E.S.I Hospital, Coimbatore. Since, autopsy report indicates 2/4
that no anitmortem external injuries noted anywhere in the body, suspecting post-mortem report, present petition is filed seeking direction to conduct re-postmortem.
2. This Court does not find any reason to entertain this petition just because there is suspicion by one of the daughter about the death of her mother. Police has already registered the FIR and the autopsy report indicates that, there is no external injuries noted and viscera report is awaited. It is for the Investigation Officer to take appropriate decision after receipt of the viscera report
3. With these observations, this Writ Petition is disposed of. 12.12.2023 Index : Yes/No Sma 3/4
Dr.G.JAYACHANDRAN,J.
sma To
1. The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai -9.
2. The Director General of Police, DGP Office, Mylapore, Dr.Radhakrishnan Salai, Chennai -5.
3. The District Collector, Coimbatore District.
4. The Superintendent of Police, Coimbatore District.
5. The Revenue Divisional Officer, Sulur Taluk, Coimbatore District.
6. The Tahsildar, Sulur Taluk, Coimbatore District.
7. The Inspector of Police, Sulur Police Station, Coimbatore District.
8. The Public Prosecutor, High Court of Madras, Chennai.
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