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Madras High CourtWP(MD)/10899/2018dismissed

Natarajan v. Union Of India,

2024-02-12Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P(MD)No.10899 of 2018 and W.M.P(MD)Nos.10054 and 10055 of 2018 Natarajan ... Petitioner Vs.

1.Union of India, Rep. by its Secretary, Ministry of Commerce and Industry, Udyog Bhavan, New Delhi - 110 107.

2.The Government of Tamilnadu, Rep. by its Principal Secretary, Home Department, Fort St. George, Chennai - 600 009.

3.The Principal Secretary, Revenue and Disaster Management Department, Government of Tamilnadu, Fort St. George, Chennai - 600 009.

4.Petroleum and Explosives Safety Organization, Rep. by its Chief Controller of Explosives, 'A' Block, CGO Complex, 5th Floor, Seminary Hills, Nagpur, Maharastra.

5.The District Collector, Tiruchirappalli District, Tiruchirappalli.

6.The District Revenue Officer cum Additional District Magistrate, Tiruchirappalli District, Tiruchirappalli.

7.The Revenue Divisional Officer, Musiri, Trichy District.

8.The Tahsildar, Thuraiyur Taluk, Trichy District.

9.The Superintendent of Police, Tiruchirappalli District, Tiruchirappalli.

10.The Deputy Superintendent of Police, Musiri, Trichy District.

11.The Inspector of Police, Thuraiyur Police Station, Trichy District.

12.The Sub-Inspector of Police, Uppiliapuram Police Station, Thuraiyur, Trichy District.

13.Ravishankar, Tahsildar, Thuraiyur Taluk, Trichy District.

14.Seetharaman, Deputy Superintendent of Police, Musiri, Trichy District.

15.Manoharan, Inspector of Police, Thuraiyur, Trichy District.

16.Kumar, Sub Inspector of Police(SSI), Uppiliapuram Police Station, Thuraiyur, Trichy District.

17.K.Chandrasekaran, Retired Deputy Superintendent of Police, Attur Main Road, Nagiyampatti, Attur Taluk, Salem District.

18.M/s.Vetrivel Explosives Private Ltd., Rep. by its Managing Director, No.135-A, Kennedy Nagar, Salem.

19.Vijay Kannan, Managing Director, M/s.Vetrivel Explosives Private Ltd., No.135-A, Kennedy Nagar, Salem.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, ordering to conduct a high level enquiry by a honest officer to probe into the atrocities committed by the police and the authorities namely the respondents 8 and 10 to 16, to the person and the property of the poor and innocent villagers on 05.05.2018 and the foisting of false case against the villagers on 04.05.2018 in Crime No.84 of 2018 on the file of the 12th respondent and to direct the respondents 2, 3, 5 and 9, to take action against the respondents 8 and 10 to 16 and also to grant sufficient compensation for the pain the sufferings, mental agony, loss and damages to the life and property of the villagers and farmers of Thalugai Revenue Village, Thuraiyur Taluk, Trichy District, who are affected by the atrocities and the high-handedness of respondents 13 to 17.

For Petitioner :Mr.R.Subramanian For R-1 & R-4 :Mr.S.Jeyasingh For R2, R3, R5 to R8 :Mr.T.Amjadkhan, Government Advocate For For R-9 & R-12 :Mr.R.Meenakshi Sundaram, Additional Public Prosecutor For R-18 & R-19 :Mr.Mohammed Rafi, for M/s.Ajmal Associates

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition as a 'Public Interest Litigation', where he states that in the interest of public, he has filed this writ petition.

2. According to the petitioner, a false case has been registered against the villagers in Crime No.84 of 2018 on the file of the Uppiliyapuram Police Station and therefore, action has to be taken against the erring officials and compensation has to be paid to the affected villagers.

3. Today, when the matter is taken up for hearing, the learned Additional Public Prosecutor, on instructions, would submit that in the said case, investigation has been completed and a charge sheet has been filed and the same is taken on file and now committed to Sessions Court in S.C.No.28 of 2019, on the file of the Principal District Judge, Tiruchirappalli and in the aforesaid case, the petitioner is arrayed as A-2.

4. In view of the above, the petitioner being an accused in a criminal case, cannot file this writ petition as a 'Public Interest Litigation' and the same cannot be maintained.

5. Hence, this writ petition is dismissed. No Costs. Consequently, connected Miscellaneous Petitions are closed. [D.K.K., J.] [R.V., J.] 15.02.2024 Index :

Yes / No PM To:

1.The Principal Secretary, Government of Tamilnadu, Home Department, Fort St. George, Chennai - 600 009.

2.The Principal Secretary, Revenue and Disaster Management Department, Government of Tamilnadu, Fort St. George, Chennai - 600 009.

3.The District Collector, Tiruchirappalli District, Tiruchirappalli.

4.The District Revenue Officer cum Additional District Magistrate, Tiruchirappalli District, Tiruchirappalli.

5.The Revenue Divisional Officer, Musiri, Trichy District.

6.The Tahsildar, Thuraiyur Taluk, Trichy District.

7.The Superintendent of Police, Tiruchirappalli District, Tiruchirappalli.

8.The Deputy Superintendent of Police, Musiri, Trichy District.

9.The Inspector of Police, Thuraiyur Police Station, Trichy District.

10.The Sub-Inspector of Police, Uppiliapuram Police Station, Thuraiyur, Trichy District.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.10899 of 2018 12.02.2024