Meenakshisundaram.K v. The Superintendent Of Police
W.P.(MD)No.12203 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2021
CORAM
THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.12203 of 2021 K.Meenakshisundaram Petitioner Vs.
1.The Superintendent of Police, Madurai District, Madurai.
2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.
3.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
4.The Revenue Divisional officer, Thirumangalam Sub Division, Madurai.
5.The Director, Forensic Departments, No.30A, Kamarajar Road, Mylapore, Chennai - 600 004.
Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to hand over the severed head of petitioner's brother Ramasundaram aged about 30 years S/o Kandhasamy, whose dead body found in water channel near Syndicate Bank, Thirumangalam on 15.09.2020 for the decent burial as per petitioner's religious beliefs in the light of the representation of the petitioner, dated 08.06.2021. For Petitioner : Mr.A.Arun Prasad For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor
O R D E R
Heard the learned counsel for the Writ Petitioner and the learned Additional Public Prosecutor for the respondents.
2. The grievance of the petitioner is that his brother by name Ramasundaram was found dead on 15.09.2020, due to murder and his body alone was found. For the purpose of identifying the body, the severed head was sent to the fifth respondent for DNA test and no report has been received so far and the severed head also not https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.12203 of 2021 returned to the petitioner for conducting last rituals. 3.The learned Additional Public Prosecutor would submit that the severed head of the dead body was sent to the fifth respondent for the purpose of DNA test and the test is not completed. Once it is completed, the severed head will be handed over to the petitioner.
4.Considering the limited representation made by the petitioner, there shall be a direction to the fifth respondent herein to conclude the procedure within three months from the date of receipt of a copy of this order and the severed head shall be handed over to the concerned officer, which in turn will be handed over to the petitioner for completing the burial with rituals. 5.With this direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn To 1.The Superintendent of Police, Madurai District, Madurai.
2.The Deputy Superintendent of Police, Thirumangalam, Madurai District.
3.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
4.The Revenue Divisional officer, Thirumangalam Sub Division, Madurai.
5.The Director, Forensic Departments, No.30A, Kamarajar Road, Mylapore, Chennai - 600 004.
Order made in W.P.(MD)No.12203 of 2021 19.07.2021 RKN (29.07.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2