M.A. Zafrulla Khan v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2018
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.10151 of 2014 and M.P.(MD)No.1 of 2014 M.A.Zafrulla Khan ... Petitioner -Vs1. The Principal Secretary, Home Department, Fort St.George, Chennai-600 001.
2. The District Collector, Kanyakumari District, Nagercoil.
3. The Secretary, State Human Rights Commission, Thiruvarangam, 143, P.S.Kumarasamy Raja Salai Road, Chennai-600 028.
4. The Director General of Police, DGP Office, Chennai-04.
5. The Superintendent of Police, Kanyakumari District, Nagercoil.
6.T.Athisaya Raja 7.Ilango ... Respondents (R6 is impleaded as per order dated 11.07.2014 in M.P.(MD)No.2 of 2014) (R7 is impleaded as per order dated 16.09.2014 in M.P.(MD)No.3 of 2014) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 to take action over the petitioner's complaint dated 19.06.2014 and further direct the fifth respondent to register a case on petitioner's complaint within a stipulated time fixed by this Hon'ble Court.
For Petitioner : Mr.Puhazh Gandhi For R1 to R5 : Mrs.J.Padmavathy Devi, Special Government Pleader.
For R6 : Mr.C.K.M.Appaj For R7 : Mr.M.P.Senthil
ORDER
The Writ Petition has been filed, seeking a direction to the respondents 1 to 4 to conduct enquiry against the 7th respondent based on the complaint dated 19.06.2014 given by the petitioner. But, so far, no action has been taken, hence, the present Writ Petition has been filed.
2.Earlier, when the matter was taken up for hearing, the learned Special Government Pleader appearing for the respondents is directed to get instructions from the respondents regarding action taken on the complaint given by the petitioner. 3.Today, when the matter is taken up for hearing, the Inspector of Police, Nesamani Police Station, Kanyakumari, Nagercoil District is present before this Court and submitted that already the complaint has been enquired and the same has been closed and also produced a copy of the final report filed by the 5th respondent / Superintendent of Police.
4.Considering the fact that already the complaint has been enquired and closed, the prayer sought for in the Writ Petition cannot be granted. However, if the petitioner has any grievance, it is always open to the petitioner to take appropriate proceedings as per law and the respondents are directed to furnish a copy of the final report filed by the 5th respondent. 5.With the above observation, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To
1. The Principal Secretary, Home Department, Fort St.George, Chennai-600 001.
2. The District Collector, Kanyakumari District, Nagercoil.
3. The Secretary, State Human Rights Commission, Thiruvarangam, 143, P.S.Kumarasamy Raja Salai Road, Chennai-600 028.
4. The Director General of Police, DGP Office, Chennai-04.
5. The Superintendent of Police, Kanyakumari District, Nagercoil.
+1cc to Mr.M.P.Senthil, Advocate Sr.No.45707 +1cc to Mr.C.K.M.Appaj, Advocate Sr.No.45693 +1cc to The Spl.Government Pleader Sr.No.46138 MYR VB/MR/SAR3/15.02.2018/3P/9C W.P(MD)No.10151 of 2014 01.02.2018