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Madras High CourtWP(MD)/14780/2021disposed of

Radhakrishnan v. The Principal Secretary To The Government

2023-08-03Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.08.2023

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD)No.14780 of 2021 and W.M.P(MD) No.11694 of 2021 Radhakrishnan ... Petitioner -Vs1. The Principal Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai- 600 009.

2. The Director General of Police(L&O) Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

3. The Superintendent of Police District Superintendent of Police Pudukottai District

4. The Inspector of Police Aranthangi Police Station, Pudukottai District 5.Murugan 6.Arumugam ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the respondent Nos.1 to 4 herein provide necessary police protection to the petitioner and his family members and also to take necessary 1/5

action including departmental and criminal action against the Respondent No.5 herein for exceeding his power, assaulting and threatening in the guise of enquiry thereby committed dereliction of duty and abuse of his position by interfering in civil dispute in favour of the 6th Respondent based on the petitioners representation dt. 12.08.2021 considering video clip enclosed therewith For Petitioner : Ms.A.Banumathy For R1 to R4 : Mr. R.M.Anbunithi Additional Public Prosecutor For R5 : No apperance For R6 : Mr.M.Anbarasan

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus to direct the respondents 1 to 4 herein provide necessary police protection to the petitioner and his family members and also to take necessary action including departmental and criminal action against the fifth respondent herein for exceeding his power, assaulting and threatening in the guise of enquiry thereby committed dereliction of duty and abuse of his position by interfering in civil dispute in favour of the 6th respondent based on the petitioner's representation dated 2.08.2021 considering video clip enclosed therewith

2. When the matter is taken up for hearing the learned Additional Public Prosecutor appearing for the official respondents 2/5

represented that already departmental action was taken and he was suspended. Further First Information Report was also registered against the fifth respondent in Crime No.1173 of 2021, thereby nothing survives for further adjudication in this petition.

3. The learned counsel appearing for the petitioner fairly admitted that now there is no life threat for the petitioner and thereby the prayer of the petitioner was also acted upon.

4. The learned counsel appearing for the sixth respondent also present before this Court today.

5. Since already action was taken as against the fifth respondent and also the fact that there is no life threat for the petitioner no further order is required to be passed in this petition. Hence the writ petition stands closed. No costs. Consequently connected miscellaneous petition is closed. 03.08.2023 Index : Yes/No Internet : Yes/No aav 3/5

To

1. The Principal Secretary to the Government Home, Prohibition and Excise Department Secretariat, Chennai- 600 009.

2. The Director General of Police(L&O) Dr.Radhakrishnan Salai, Mylapore, Chennai 600 004.

3. The Superintendent of Police District Superintendent of Police Pudukottai District

4. The Inspector of Police Aranthangi Police Station, Pudukottai District

5. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai.

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P.DHANABAL, J.

aav W.P(MD)No.14780 of 2021 03.08.2023 5/5