M.Ramesh v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.05.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.12566 of 2019 M.Ramesh ... Petitioner Vs.

1. The Secretary, State Human Rights Commission, P.S.Kumarasamy Raja Salai, Greenways Road, Adayar, Chennai 600 028.

2. The Director General of Police, Mylapore, Chennai -4.

3. The Inspector General of Police, South Zone, K.Pudur, Madurai.

4. The Secretary to the Government, Health Department, St. George Fort, Chennai 600 009.

5. The District Collector, Collectorate, Theni District,

6. Thiru.Seemaisamy, Deputy Superintendent of Police, Uthamapalaym,

7. Thiru.Ulaganathan, Inspector of Police, Cumbum North Police Station, Theni District,

8. Thiru.Shajakhan, Inspector of Police, Cuddalore Police Station, Theni District,

9. Thiru.Alphonsraja, Sub Inspector of Police, Kumuli Police Station, Kumuli, Theni District,

10. Thiru.Dhiwan Mideen, Sub Inspector of Police, Cumbum North Police Station, Theni District, Theni.

11. Thiru.Kalaiselvam, SSI of Police, Cuddalore Police Station, Theni District,Theni.

12. Thiru.Pandiyan, SSI of Police, TNP.738, Kumuli Police Station, Kumuli,

13. Thiru.Gunasekaran, SSI of Police, North Cuddalore Police Station, Theni District, Theni.

14. Thiru.Prasath, SSI of Police, Cumbum North Police Station,

15. Thiru.Marimuthu, Head Constable, TNP 1662, Cumbum South Police Station, Cumbum,

16. Thiru.M.Vasanthkumar, Head Constable of Police, TNP 1662, Cumbum South Police Station, Cumbum,

17. Thiru.Dharmaraj, Grade-I Police, TNP 143, North Cuddalore Police Station, Theni District, Theni.

18. Thiru.Alagendran, S.P.C.I.D. Grade-I, Kumuly Police Station, Kumuly, Theni District.

19. Thiru.G.Saravanakumar, Head Constable of Police, TNP 386, Cumbum South Police Station, Cumbum, Theni District.

20. Thiru.R.Suresh, Police Constable, TNP 2171, Cumbum South Police Station, Cumbum, Theni District.

21. Thiru.Cellamani, S.P.C.I.D. Kumuly Police Station, Kumuly, Theni District.

22. Thiru.Eswaran, Head Constable of Police, TNP 1496, Cuddalore North Police Station,

23. Thiru.Mayakrishnan, Driver, Cuddalore North Police Station,

24. Thiru.Jayasingh, Head Constable of Police (TNP 1820), Kumuly Police Station, Kumuly,

25. Thiru.Subbulakshmi, South Police Station, Cumbum,

26. Thiru.Periakaruppan, S.S.I.Of Police, North Police Station, Cumbum, Theni District.

27. Thiru.Prabhu, S.P.C.I.D. South Police Station, Cumbum, Theni District.

28. Thiru.Manikandan (Samandi Puram), South Police Station, Cumbum,

29. Thiru.Kumaresan, S.S.I. of Police, Kumuli Police Station,

30. Thiru.Kalimuthu, S.S.I. of Police, Kumuli Police Station,

31. Thiru.Dr.Nithyadevi, Doctor in Government Hospital, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to enquire the violation of human rights committed by the respondents 6 to 31 and consequently direct the respondent Nos.2 to 5 to pay the adequate compensation and to initiate disciplinary proceedings against the respondents 6 to 31 within the time limit as fixed by this Court.

For Petitioner : Mr.K.Raghul Priyan For R1 : Mr.Arulvadivel @ Sekar For R2 to R5 : Mr.V.R.Shanmuganathan, Special Government Pleader

O R D E R

[Order of the Court was made by G.R.SWAMINATHAN,J.] The writ petitioner is shown as first accused in Crime No.107 of 2018 on the file of Kumuli Police Station, Theni District. It appears that he was arrested in the said case. The petitioner alleges human rights violation on the part of the private respondents. If that be so, it is for the petitioner to pursue the remedies in the manner known to law and filing of this writ petition is misconceived. Accordingly, the writ petition is dismissed. It is made clear that this Court has not gone into the merits of the matter and the petitioner's rights are left open. No costs. Sd/- Assistant Registrar (Writs) // True Copy // Sub Assistant Registrar(CS ) To

1. The Secretary, State Human Rights Commission, P.S.Kumarasamy Raja Salai, Greenways Road, Adayar, Chennai 600 028.

2. The Director General of Police, Mylapore, Chennai -4.

3. The Inspector General of Police, South Zone, K.Pudur, Madurai.

4. The Secretary to the Government, Health Department, St. George Fort, Chennai 600 009.

5. The District Collector, Collectorate, Theni District, +1 CC to Mr.K.RAGHUL PRIYAN, Advocate SR-66292. +1 CC to Mr.C.ARUL VADIVEL @ SEKAR, Advocate SR-66297. +1 CC to SPL GP SR-66496.

W.P.(MD).No.12566 of 2019 29.05.2019 CS: (12/06/2019) 5P 9C