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Madras High CourtWP(MD)/17044/2015closed

S. Kumaresan v. The Govt. Of Tamil Nadu

2018-09-19Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.(MD).No.17044 of 2015 and M.P(MD).Nos.1 of 2015 and W.M.P(MD).No.15144 of 2016 S.Kumaresan

...Petitioner

Vs.

1.The Government of Tamilnadu, rep. By its Secretary, Department of Home, Fort St, George, Chennai.

2.The District Collector, 3.The Superintendent of Police, 4.The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Thoothukudi District.

5.The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to initiate appropriate legal action as against the respondents 4 and 5 for their in action and motivated act in violating the settled proposition of speedy trial in connection with P.R.C.No.63 of 2000 on the file of the learned Judicial Magistrate, Sathankulam, Thoothukudi District and also to pay adequate compensation quantified as Rs.30 lakhs to the petitioner forthwith

for subjecting stress, strain and agony in view of prolongment of the false case for 28 years.

For Petitioner :Mr.S.Palani Velayutham For Respondents:Mr.B.Bhagawathi Government Advocate

O R D E R

This petition has been filed seeking for a direction to direct the first respondent to initiate appropriate legal action as against the respondents 4 and 5 for their in action and motivated act in violating the settled proposition of speedy trial in connection with P.R.C.No.63 of 2000 on the file of the learned Judicial Magistrate, Sathankulam, Thoothukudi District and also to pay adequate compensation quantified as Rs.30 lakhs to the petitioner forthwith for subjecting stress, strain and agony in view of prolongment of the false case for 28 years. . 2.In view of the order passed in Crl.O.P(MD).NO.15813 of 2015 and W.P(MD).No.14213 of 2016 and W.P(MD).No.2525 of 2018, no further orders are required to be passed in this petition. Hence, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petitions are also closed.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Judicial Magistrate, Sathankulam, Thoothukudi.

2.The Secretary, Government of Tamilnadu, Department of Home, Fort St, George, Chennai.

3.The District Collector,

4.The Superintendent of Police, 5.The Inspector of Police, Thattarmadam Police Station, Thattarmadam, Thoothukudi District.

6.The Inspector of Police, Sathankulam Police Station, Thoothukudi District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER, IN SR NO.85622 + 1 CC TO MR.S.PALANI VELAYUTHAM, ADVOCATE IN SR NO.85530 RMK BU/RSK/SAR-I :17.10.2018 : 3P/9C W.P.(MD).No.17044 of 2015 and M.P(MD).Nos.1 of 2015 and W.M.P(MD).No.15144 of 2016 19.09.2018