Madras High CourtWP Crl.(MD)/412/2026disposed of

Thennarasan v. The State Of Tamilnadu

2026-01-28Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 28/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE S.SRIMATHY Thennarasan ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Superintendent of Police.

Theni District..

2. The Inspector of Police, Varusanadu Police Station, Theni District.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd Respondent not to harass the petitioner and his family members under the guise of enquiry based on petitioners representation dated 06.01.2026. For Petitioner : Mr. S.Balaji Advocate.

For Respondent : Mr.A.S. Abul Kalaam Azad Government Advocate (Crl.Side)

ORDER

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This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the 2nd respondent not to harass the petitioner and his family members under the guise of enquiry, based on the petitioner's representation dated 06.01.2026.

2. The learned Government Advocate (Criminal Side) submitted that there are six previous cases pending against the petitioner, out of which three cases are under the NDPS Act.

3. The learned counsel for the petitioner submitted that in five cases the petitioner was convicted, the fine amounts were paid, and the proceedings were concluded. It is further submitted that only one case is presently pending and no fresh case has been registered against the petitioner after the year 2021.

4. The grievance of the petitioner is that, taking advantage of the previous cases, the respondent police are harassing the petitioner and his family members under the guise of enquiry.

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5. Considering the above submissions, this Court issue the following directions:

i. The respondent police shall issue proper summons, if the presence of the petitioner is required for enquiry. ii. Upon issuance of such summons, the petitioner shall cooperate with the enquiry.

iii. The respondent police shall strictly follow due process of law while conducting the enquiry.

iv. The respondent police shall not call for enquiry after 6.00 p.m.

v. The respondent police shall not harass the petitioner or the family members of the petitioner in any manner.

6. With the above directions, this Writ Petition is disposed of. 28.01.226 TRP Index : Yes / No Internet : Yes / No TO

1. The State of Tamilnadu, Rep by the Superintendent of Police. Theni District..

2. The Inspector of Police, Varusanadu Police Station, Theni District..

S.SRIMATHY,J TRP 3/4

ORDER

IN WP CRL.(MD) No.412 of 2026 Date : 28/01/226 4/4