Madras High CourtWP(MD)/3880/2018dismissed

Malarkodi, v. The Additional Secretary To

2019-08-16Honourable Mr Justice V. Bharathidasan2 pages

W.P.(MD)No.3880 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.3880 of 2018 Malarkodi : Petitioner

Versus

1.The Additional Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai-600 001.

3.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

4.The Inspector of Police, Supramaniapuram Police Station, Madurai District.

: 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 respondents 1 and 3 to take action against the fourth respondent, by considering the petitioner's representation dated 19.02.2018 in accordance with law, within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.side) *****

O R D E R

This Writ Petition has been filed seeking a direction to the first and third respondents to take action against the fourth respondent, by considering the petitioner's representation dated 19.02.2018.

2. The grievance of the petitioner is that, against her son-in-law by name Sounder @ Soundrapandian, several criminal cases have been foisted by the fourth respondent police and in some cases, trial was pending. Since her son-in-law is suffering from bone cancer, he could not appear for trial. Hence, a non-bailable warrant said to have been issued against him. In the guise of executing a non-bailable warrant, the fourth respondent has harassed him and https://hcservices.ecourts.gov.in/hcservices/ 1/4

W.P.(MD)No.3880 of 2018 also beaten him. In such circumstances, the petitioner made a representation dated 19.02.2018 to the respondents 1 to 3 to take action against the fourth respondent. But, since no action has been taken, the present Writ Petition has been filed.

3. Today, when the Writ Petition came up for hearing, the learned Government Advocate (Criminal side) appearing for the respondents, on instructions, submitted that the petitioner's sonin-law is involved in several criminal cases and Non-bailable warrants are pending against him. In order to execute the warrant, he was arrested and he has not been harassed, as alleged by the petitioner. That apart, now, the petitioner's son-in-law was murdered by a rival group.

4. Considering the fact that the petitioner's son-in-law has been arrested in execution of non-bailable warrant and now, he was also murdered, the prayer sought for by the petitioner cannot be granted at this stage. Hence, the Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar (C.O) // True Copy // Sub Assistant Registrar(CS ) To 1.The Additional Secretary to Government, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai-600 009.

2.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai-600 001.

3.The Commissioner of Police, Office of the Commissioner of Police, Madurai City, Madurai.

4.The Inspector of Police, Supramaniapuram Police Station, Madurai District.

Order made in W.P.(MD)No.3880 of 2018 Dated: 16.08.2019 CS(28.08.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4