D.Raju v. The Union Of India Rep. By Its

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.4691 of 2017 D.Raju ... Petitioner -vs1. The Union of India Represented by its Secretary Ministry of Home affairs, North Block, Central Secretariat, New Delhi-110001.

2. The Secretary, Ministry of External Affairs, South Block, New Delhi, 110011 New Delhi-110011.

3. The State of Tamil Nadu Represented by its, Chief Secretary, Secretariat, Fort St. George,

4. The District Collector, Office of the District Collector, Ramanathapuram District, Ramanathapuram.

5. The Additional Director General of Police, Coastal Security Group, Office of the Additional Director General of Police,

6. The Commandant, Coastal Security Group-CID,

7. The Inspector of Police, Mandabam Marine Police Station, Ramanathapuram district.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 to take necessary action to find out the accused, in the case in Crime No.5 of 2017 registered on the file of the respondent No.7, and consequently to extradite the accused from Sri Lanka to India.

For Petitioner :

Mr.S.Malaikani For R1 & R2 :

Mr.R.Murugappan For R3 to R7 :

Mr.T.R.Janarthanan Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] The writ petition has been filed by the petitioner claiming to be a Public Interest person seeking a direction to take appropriate action to find out the accused in Cr.No.5 of 2017 on the file of the 7th respondent and in Cr.NO.19 of 2017 on the file of the Dhanuskodi Police Station.

2.The Status Report has been filed by the seventh respondent, wherein it has been stated that the investigation has been entrusted to the higher level officer Mr.N.Ravikumar, DSP PEW, Ramnad. It is also stated that there is some lack of clarity on the accused as well as the place of occurrence. 3.Considering the above, we not inclined to allow the writ petition, however, a direction is issued to Mr.N.Ravikumar, DSP PEW, Ramnad to proceed with the case registered in Cr.No.5 of 2017 on the file of the 7th respondent and in Cr.NO.19 of 2017 on the file of the Dhanuskodi Police Station and endeavour to file a final report within a period of six months from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To:

1. The Secretary, The Union of India, Ministry of Home affairs, North Block, Central Secretariat, New Delhi-110001.

2. The Secretary, Ministry of External Affairs, South Block, New Delhi, 110011 New Delhi-110011.

3. The Chief Secretary, Secretariat, Fort St. George,

4. The District Collector, Office of the District Collector, Ramanathapuram District, Ramanathapuram.

5. The Additional Director General of Police, Coastal Security Group, Office of the Additional Director General of Police,

6. The Commandant, Coastal Security Group-CID,

7. The Inspector of Police, Mandabam Marine Police Station, Ramanathapuram district.

+1 CC to M/s. R.MURUGAPPAN, Advocate, SR No. 70696. SMI/AM PSM/GT/SAR2/16.08.2017/3P/9C W.P.(MD) No.4691 of 2017 04.08.2017