Madras High CourtWP(MD)/8408/2019disposed as infructuous

Mohamed Nazeer, v. The State Of Tamilnadu

2022-04-08Honourable Mr Justice S.M. Subramaniam2 pages

W.P.(MD)No.8408 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.(MD)No.8408 of 2019 Mohammed Nazeer ... Petitioner Vs.

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

2.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

... Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to dispose the petitioner's mercy petition dated 20.03.2016 by considering his representation dated 11.03.2019 within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar for M/s.Ajmal Associates For Respondents : Mr.AK.Manikkam Special Government Pleader

ORDER

The relief sought for in the present writ petition is to direct the first respondent to dispose the petitioner's mercy petition dated 20.03.2016, by considering his representation dated 11.03.2019.

2.Right of an appeal is conferred under the rules for the petitioner. In the present case, the petitioner has exhausted the appeal remedy. Mercy petition is not taken up under the rules. However, the authorities are at liberty to look into the petition and if any new grounds are made available, they may consider on merits. However, the Court cannot issue a direction in such circumstances, as the petitioner has already exhausted the appeal remedy as per the rules. Thus, the respondents shall look into the petition and if any merits are found out, then suitable orders may be passed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8408 of 2019 3.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns To 1.The Secretary to Government, Home Department, Secretariat, St. Fort George, Chennai-9.

2.The Superintendent of Police, O/o.The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-17693[F] dated 11/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18118[F] dated 12/04/2022 ) W.P.(MD)No.8408 of 2019 08.04.2022 RK(20/04/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2