P.Ganesan, S/O Petchi Muthiah, v. State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR P.Ganesan ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Principal Secretary to Government, Fort St.George, Chennai.

2.The Director General of Police, Office of Director General of Police, Beach Road, Chennai.

3.The District Collector, Tirunelveli, Tirunelveli District.

4.S.Anandakumar, Special Deputy Superintendent of Police, Coimbatore Rural, Coimbatore District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1/4

Respondent Nos.1 and 2 to accord sanction for prosecuting the Respondent No.4 by considering the claim of the petitioner under Section 197 of the Criminal Procedure Code, 1973 within the time period stipulated by this Court.

For Petitioner : Mr.P.Samuel Gunasingh For Respondents : Mr.A.Baskaran Additional Government Pleader

ORDER

The present writ petition has been filed seeking a writ of Mandamus, directing the first respondent to consider the representation of the petitioner in relation to grant sanction to prosecute the fourth respondent herein under Section 197 of the Criminal Procedure code.

2. According to the petitioner, he has given a representation on 27.05.2014 seeking sanction of the first respondent herein to prosecute the fourth respondent. Several allegations have been made as against the fourth respondent herein. The fourth respondent has filed a detailed counter strongly opposing all the grounds raised by the writ petitioner. However, so far the first respondent has not passed any orders, though the application is pending for more than eight years. 2/4

3. In view of the above said facts, the first respondent is directed to pass orders on merits and in accordance with law within a period of eight

(8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of this case.

4. This Writ Petition stands allowed. No costs. 30.09.2022 Index :

Yes / No Internet :

Yes / No gbg To 1.The Principal Secretary to Government, The State of Tamil Nadu, Fort St.George, Chennai.

2.The Director General of Police, Office of Director General of Police, Beach Road, Chennai.

3.The District Collector, Tirunelveli, Tirunelveli District.

4.S.Anandakumar, Special Deputy Superintendent of Police, Coimbatore Rural, Coimbatore District.

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R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

30.09.2022 4/4