Madras High CourtWP(MD)/3569/2021dismissed

Kathiravan.V v. State Of Tamil Nadu Rep.By

2022-03-09Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.03.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN &WMP(MD)No.2896 of 2021 V.Kathiravan ... Petitioner Vs

1. State of Tamil Nadu, represented by the Principal Secretary, Revenue Department, State of Tamil Nadu, State Secretariat, Fort St.George, Chennai-600 009.

2. State of Tamil Nadu, represented by the Principal Secretary, Home Department, State of Tamil Nadu, State Secretariat, Fort St.George, Chennai-600 009.

3. State of Tamil Nadu, represented by the Principal Secretary, Municipal Administration and Water Supply Department, State of Tamil Nadu, State Secretariat, Fort St.George, Chennai-600 009.

4. The District Collector, Office of the District Collector, Madurai-625 002.

5. The Commissioner of Police, Madurai City, 1/165, Alagar Kovil Main Road, K.K Nagar, Reserve Line, K.Pudur, Madurai-625 002.

6. The Deputy Superintendent of Police (CB-CID), Office of the Deputy Superintendent of Police (CB-CID), Madurai Range, Chinna Chokkikulam, Madurai.

1/4

7. The Inspector of Police, Tallakulam Police Station, Madurai.

8. The Dean, Madurai Government Rajaji Medical College Hospital, Government Rajaji Hospital, Madurai-625 020.

9. Periyanna ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the Respondents No.1 to 5 to transfer the investigation regarding the death of petitioner's by name Velmurugan to the Respondent No.6. For Petitioner: Mr.R.Alagumani For R1 to R8 : Mr.R.M.Anbunithi Additional Public Prosecutor (Criminal Side)

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the Respondents No.1 to 5 to transfer the investigation regarding the death of petitioner's by name Velmurugan to the Respondent No.6.

2.The learned Additional Public Prosecutor appearing for the respondent police submitted that the case has been registered in Crime No.182 of 2021, under Section 174 Cr.P.C. After completion of investigation, the FIR has been closed as action dropped. Therefore, no question of transfer of investigation. Therefore, this Writ Petition is devoid of merits.

3.Accordingly, this Writ Petition is dismissed. No costs. However, the seventh respondent is directed to serve the copy of referred charge sheet to the petitioner, within two weeks from the date of receipt of a copy of this order and on receipt of the same, the petitioner is at liberty to file pretest petition, in the manner known to law. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/4

PNM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.