Sathish Kumar G v. The Principal Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI G.Sathish Kumar ... Petitioner -vs1.The Principal Secretary to Government Home, Prohibition and Excise Department Secretariat, Chennai-600 009 2.The Director General of Police State of Tamil Nadu Dr.Radhakrishnan Salai Mylapore, Chennai 3.The Superintendent of Police Tenkasi District 4.The Registrar State Human Rights Commission Tamil Nadu 143-P.S.Kumarasamy Raja Salai Greenways Road, Chennai-28

5.Suresh Kumar Then Inspector of Police Sivagiri Police Station Now working as Assistant Commissioner of Police Control Room, Coimbatore City 6.G.Muniyasamy Son of Gurusamy Then Police Constable Sivagiri Police Station Now working at Puliangudi Police Station Tenkasi 7.R.Jayaraj Son of Raju Then Police Constable Sivagiri Police Station Now working at Karivalamvanthanallur Police Station Tenkasi 8.S.Manikandan Son of Subbiah Then Police Constable Sivagiri Police Station Now working at Kadayanallur Police Station Tenkasi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to initiate disciplinary proceedings against the respondents 5 to 8 based on the order dated 31.10.2022, passed by the fourth respondent Commission.

For Petitioner :

Mr.K.K.Udayakumar For Respondents :

Mr.S.P.Maharajan Special Government Pleader for R1 Mr.M.Veeranthiran Government Advocate (Crl. Side) for R2 & R3 Mr.Deepak for R4

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in this writ petition reads as follows: "For the reasons stated in the accompanying affidavit it is therefore prayed that this Hon'ble Court may be pleased to issue a writ or order or direction more in the nature of WRIT OF MANDAMUS directing the respondents 1 to 3 to initiate disciplinary proceedings against respondents 5 to 8 based on the order dated 31.10.2022, passed by the fourth respondent commission and pass such other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case and thus render justice."

2. A perusal of the order of the State Human Rights Commission shows that there is no direction for initiation of disciplinary action against the

Police Officers. In the absence of any such direction, we do not think we can grant the prayer in the writ petition. The writ petition is, therefore, dismissed. It is, however, open to the petitioner to make appropriate representation to the Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009, pointing out the order of the State Human Rights Commission and seek initiation of disciplinary action against the concerned Police Officers. No costs.

[R.S.M., J.] [L.V.G., J.] 09.03.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai-600 009.

2.The Director General of Police, State of Tamil Nadu, Dr.Radhakrishnan Salai, Mylapore, Chennai.

3.The Superintendent of Police, Tenkasi District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

krk 09.03.2023