Madras High CourtWP(MD)/7910/2016dismissed

K.Subramaniyan, S/O.Kilavan, v. The State Of Tamil Nadu,

2017-08-02Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7910 of 2016 K.Subramaniyan .. Petitioner Vs.

1.The State of Tamilnadu, Represented by its Secretary, Home Department, St. George Fort, Chennai - 9.

2.The Director General of Police of the State of Tamilnadu, Chennai - 4.

3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to constitute a special police team under the leadership of a effective straight forward police officer in the rank of Superintendent police preferably by an I.P.S. Officer by the C.B.C.I.D. Police, to reopen the above cases, to do further investigation, to file charge sheet on the basis of the further investigation under proper and fit provisions of the Indian Penal Code namely, under Section 302 or 307 r/w 34 of I.P.C. and other fit provision to secure conviction by adopting due process of law.

For Petitioner : Mr.P.Senthur Pandian For Respondents : Mr.M.Govindan Special Government Pleader

O R D E R

[Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this Writ Petition to direct the respondents to constitute a special police team under the leadership of an effective straight forward police officer in the rank of Superintendent police preferably by an I.P.S. Officer belonging to C.B.C.I.D. Police, to reopen the cases, to do further investigation, file charge sheet and secure conviction.

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

2. The affidavit filed in support of the writ petition is

bereft of particulars. There is no question of issuing direction to the police to reopen the cases on the basis of the affidavit, which does not contain the details of the murders that took place in the area in question.

3. We therefore do not find any reason to issue a Mandamus as prayed for by the petitioner.

4. The Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To 1.The Secretary, State of Tamilnadu, Home Department, St. George Fort, Chennai - 9.

2.The Director General of Police of the State of Tamilnadu, Chennai - 4.

3.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No.70270 +1cc to Mr.P.SENTHUR PANDIAN Advocate in SR. No.70557 SSL/SM JS/GT/SAR.1/10.08.2017/2P-6C W.P.(MD)No.7910 of 2016 02.08.2017 https://hcservices.ecourts.gov.in/hcservices/