Madras High CourtWP(MD)/19148/2024disposed of

Muthuramalingam v. State Of Tamilnadu

2024-08-19Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR W.P.(MD)No.19148 of 2024 Muthuramalingam

...Petitioner

Vs.

1.State of Tamil Nadu represented The Principal Secretary, Home, Prohibition and Excise Department, Fort St.George, State Secretariat, Chennai.

2.The Director General of Police, Office of the Director General of Police, No.601, Radhakrishnan Salai, Mylapore, Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, 4.Chinnakannu The Deputy Superintendent of Police, Muthukulathur Sub Division, 1/6

5.Saravanan The Sub Inspector of Police, Paramakudi Police Station, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 2 and 3 to recover Rs.1,09,000/- (Rupees One Lakh and Nine Thousand only) from the respondents 4 and 5 and hand over the same to the petitioner, consequently direct the respondents 1 to 3 to take appropriate action against the respondents 4 and 5 on the basis of the petitioner's representation dated 28.06.2024 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.M.Muthuselvam For R1 to R3 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The Writ Petition has been filed seeking orders to direct the respondents 2 and 3 to recover Rs.1,09,000/- (Rupees One Lakh and Nine Thousand only) from the respondents 4 and 5 and hand over the same to the writ petitioner and consequently direct the respondents 1 to 3 to take appropriate action against the respondents 4 and 5 on the basis of 2/6

the writ petitioner's representation dated 28.06.2024 in accordance with law within the time stipulated by this Court.

2. When the matter was taken up for hearing on 08.08.2024, considering the submission made by the learned counsel appearing for the writ petitioner, the writ petitioner was directed to furnish the call details to the third respondent and on receipt of the same, the third respondent was directed to consider the same and file report with regard to the same.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the respondents 1 to 3, on instructions, would submit that the conversation is between the writ petitioner and the Deputy Superintendent of Police for returning the amount. He would further submit that the writ petitioner may be directed to receive the alleged amount from the third respondent.

4. Recording the same, the writ petitioner is directed to approach the third respondent on 20.08.2024 or 21.08.2024 during working hours 3/6

and on his appearance, the third respondent is directed to hand over the amount to the writ petitioner on proper acknowledgement.

5. With the above directions, the Writ Petition is disposed of. No costs.

19.08.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No csm Note : Issue order copy today (19.08.2024) To 1.The Principal Secretary, Home, Prohibition and Excise Department, Fort St.George, State Secretariat, Chennai.

2.The Director General of Police, Office of the Director General of Police, No.601, Radhakrishnan Salai, Mylapore, Chennai.

3.The Superintendent of Police, Office of the Superintendent of Police, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR, J csm Order made in W.P.(MD)No.19148 of 2024 Dated : 19.08.2024 6/6