Ramakrishnan.A v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR A.Ramakrishnan ... Petitioner Vs.

1.The Principal Secretary, Home Department, St.George Fort, 2.The Director General of Police, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to constitute a Special Task Force for the safety of RTI Activist by considering the petitioner's representation dated 05.07.2021. For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.P.Thilakkumar Government Pleader

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) The petitioner has filed the above writ petition to issue a Writ of Mandamus, directing the respondents to constitute a Special Task Force for the safety of RTI Activist, by considering the petitioner's representation, dated 05.07.2021, within a time frame.

2. It is the case of the petitioner that he is a RTI Activist and as per the Central Government letter, dated 14.06.2013, the RTI Activists are entitled for security by a Special Task Force.

3. Mr.P.Thilakkumar, learned Government Pleader, taking notice for the respondents, submitted that if security is provided to all the RTI Activists, it would cause heavy monetary burden on the State Government. Further the learned Government Pleader submitted that in the case of individuals, who receive a specific threatening from 1/3

any person, in such case, the Government, after examining the case of the individuals, will provide security to them.

4. The learned Counsel appearing for the petitioner submitted that instead of giving any positive direction to the respondents, it would suffice to direct the second respondent to consider the petitioner's representation, dated 05.07.2021.

5. Mr.P.Thilakkumar, learned Government Pleader appearing for the respondents submitted that the second respondent may be directed to consider the petitioner's representation, dated 05.07.2021, however, the said consideration shall not be mistaken for accepting the representation given by the petitioner.

6. Having regard to the submissions made by the learned Counsel appearing on either side, taking into consideration the limited prayer sought for by the learned Counsel for the petitioner, without expressing any opinion with regard to the merits of the case, we direct the second respondent to consider the petitioner's representation, dated 05.07.2021 and pass orders on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order. However, we clarify that the direction given in this writ petition shall not be mistaken for giving any positive direction in favour of the petitioner.

7. With the above observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) SSL Note :

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, Home Department, St.George Fort, 2/3

2.The Director General of Police, +1 CC to M/s.M.JERIN MATHEW, Advocate (SR-27811[F] dated 01/09/2021 ) +1 CC to M/s.GP ( SR-27878[F] dated 02/09/2021 ) 31.08.2021 RK (09.09.2021) 3P 5C 3/3