Madras High CourtWP(MD)/6828/2020closed

A.Anand v. The State Of Tamil Nadu

2020-06-17Honourable Mr Justice P. N. Prakash,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.6229, 6231 to 6233 of 2020 (Through Video Conference) A.Anand : Petitioner Vs.

1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government, Home Department, Secretariat, Chennai - 9.

2.The Director General of Police, DGP Office, Dr.Radhakrishnan Salai, Chennai - 4.

3.The Joint Director, Central Bureau of Investigation, III Floor, E.V.K.Sampath Building, College Road, Chennai - 6.

4.The Commissioner of Police / Additional Director General of Police, Madurai City, Madurai.

5.The Assistant Commissioner of Police, 6.The Sub Inspector of Police, Commissioner of Police Camps, 7.The Assistant Commissioner of Police, Tallakulam Law & Order Range, 8.The Inspector of Police, Tallakulam (Law & Order) Police Station, 1/4

9.The District Collector, 10.The Dean, Government Rajaji Hospital, 11.Mr.Vijayaganesh, Sub-Inspector of Police, 12.Mr.Rahman, TN Tex, South Masi Street, Madurai - 625 001.

13.Mr.Babu Sait, A.K.Ahamed Textiles, South Masi Street, Madurai - 625 001.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 & 2 to take appropriate legal actions including registration of FIR against the 11th respondent and others attached to the 5th respondent office for killing the petitioner's father, M.Alagar, aged about 65 years by interfering into a civil dispute of taking illegal possession of a property pending between 12th & 13th respondents, based on the petitioner's email complaint dated 13.06.2020 and entrust investigation pertaining to the suspicious death of the petitioner's father within the 4th respondent campus to the 3rd respondent for a fair and impartial investigation under the direct monitoring of this Court and to further direct the 3rd respondent to file periodical reports to this Court. For Petitioner : Mr.A.Kannan For R.4 to R.8 : Mr.R.Anandaraj, Additional Public Prosecutor *****

O R D E R

(Order of the Court was made by P.N.PRAKASH, J.,) It is seen that in connection with the death of the petitioner's father, a case in Crime No.1421 of 2020 was registered by the Tallakulam Police under Section 174 Cr.P.C. Further, 2/4

postmortem of the body of the deceased was conducted and has been videographed. That apart, the learned Counsel for the petitioner submitted that the Revenue Divisional Officer himself has commenced enquiry.

2. The learned Additional Public Prosecutor appearing for the respondents 4 to 8 submitted that the relatives of the deceased are not receiving the body and therefore, the body is kept in the mortuary of the Government Hospital. However, the learned Counsel for the petitioner refuted the said submission.

3. Be that as it may, if the relatives of the deceased do not collect the body within a period of two weeks from the date of this order, it is open to the authorities to dispose of the body by adopting the procedure which is followed in disposing unclaimed dead bodies.

4. In such view of the matter, we cannot go into disputed question of facts in a writ petition. Hence, this writ petition is closed with liberty to the petitioner to work out his remedy before the appropriate authority. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (crl side) // True Copy // / /2020 Sub Assistant Registrar(CS) gk/rsb Note: (i) 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.

To 1.The Principal Secretary to Government, State of Tamil Nadu, Home Department, Secretariat, Chennai - 9.

2.The Director General of Police, DGP Office, Dr.Radhakrishnan Salai, Chennai - 4.

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3.The Joint Director, Central Bureau of Investigation, III Floor, E.V.K.Sampath Building, College Road, Chennai - 6.

4.The Commissioner of Police / Additional Director General of Police, Madurai City, Madurai.