K.K.Ramesh, v. The Union Of India,

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.11390 of 2018 K.K.Ramesh ... Petitioner Vs.

1.The Union of India, Rep. by its Home Secretary, Minsitry of Home Affairs, New Delhi.

2.The State of Tamilnadu, Rep. by its Chief Secretary, Fort St. George Secretariat, Chennai - 600 009.

3.The State of Tamilnadu, Rep. by its Home Secretary, Fort St. George, Secretariat, Chennai - 600 009.

4.The Director General of Police, Tamilnadu, Chennai.

5.The District Collector, Thoothukudi District, Thoothukudi.

6.The Superintendent of Police, Thoothukudi District, Thoothukudi.

7.The Director, Central Bureau of Investigation, CBI, Head Quarters, New Delhi.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents, (A)To pay Rs.25,00,000/- (Rupees Twenty Five Lakhs) as compensation to the family of the deceased killed in Thoothukudi Police firing dated 22.05.2018.

(B)To give an adequate compensation to those injured in police firing dated 22.05.2018.

(C)To direct the third respondent to order the seventh respondent to conduct CBI enquiry to find the truth behind in police firing in Thoothukudi dated 22.05.2018.

by considering the petitioner's representation dated 23.05.2018. For Petitioner :Mr.K.K.Ramesh(Party-in-Person) For R-1 :Mrs.Ragaventhre, Central Government Standing Counsel, For R-2 to R-5 :Mr.N.Satheesh Kumar, Additional Government Pleader

For R-6 :Mr.R.Meenakshi Sundaram, Additional Public Prosecutor For R-7 :Mr.N.Mohideen Basha, Special Public Prosecutor(CBI Cases)

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] The petitioner has filed this writ petition seeking for issuance of a Writ of Mandamus, directing the respondents to pay Rs.25,00,000/- (Rupees Twenty Five Lakhs) as compensation to the family of the deceased, killed in Thoothukudi Police firing, dated 22.05.2018, to give adequate compensation to the injured in police firing, dated 22.05.2018 and to direct the third respondent to order the seventh respondent to conduct CBI enquiry to find the truth behind in the police firing in Thoothukudi, dated 22.05.2018.

2. The learned Additional Government Pleader appearing for the respondents 2 to 5, on instructions, would submit that as per the recommendation of the One Man Commission enquiry, the relief funds were sanctioned and 38 cases were also withdrawn as per

G.O.(Ms)No.289 of Public (Law and Order -F) Department, dated 26.05.2021 and G.O.Ms.No.390 of Public (Law and Order - F) Department, dated - 07.07.2023. He would further submit that as per the recommendation of the One Man Commission, Government jobs were given to 21 Kith and Kin of the deceased and injured family, according to their educational qualification.

3. The details of relief fund are as follows: I. GOVERNMENT RELIEF FUND TO THE FAMILY OF DECEASED PERSONS:

No. of deceased 1st installment IInd installment as recommended by One Man Commission Total 20,00,000 5,00,000 3,25,00,000 TOTAL = 13 x 25,00,000(THREE CRORES AND TWENTY FIVE LAKHS ONLY

II. GOVERNMENT RELIEF FUND TO THE INJURED PERSONS (BOTH GRIEVOUS AND SIMPLE INJURIES) GRIEVOUS INJURY No. of persons Amount per head Total 5,00,000 2,05,00,000/ SIMPLE INJURY No. of Persons Amount per head Total 1,50,000 70,50,000 III.AS RECOMMENDED BY ONE MAN COMMISSION:

No. of Persons Amount per head Total 1,00,000 93,00,000

4. Insofar the second limb of the prayer is concerned, the learned Special Public Prosecutor appearing for the CBI, on instructions, would submit that in respect of the case in No.6/S/RCS/2018, investigation has been completed and a final report has been filed before the Chief Judicial

Magistrate, Madurai and the same has been taken on file in P.R.C.No.82 of 2020. In respect of the case in No.8/S/RCS/2018, protest petition has been filed by the defacto complainant and now, six months time was granted for further investigation and the same is pending.

5. In view of the above, the entire prayer sought for by the petitioner, has become infructuous. Hence, this writ petition is dismissed as infructuous. No Costs.

[D.K.K., J.] [R.V., J.] 12.02.2024 Index :

Yes / No PM To:

1.The Home Secretary, Minsitry of Home Affairs, New Delhi.

2.The Chief Secretary, State of Tamil Nadu, Fort St. George Secretariat, Chennai - 600 009.

3.The Home Secretary, State of Tamilnadu, Fort St. George, Secretariat, Chennai - 600 009.

4.The Director General of Police, Tamilnadu, Chennai.

5.The District Collector, Thoothukudi District, Thoothukudi.

6.The Superintendent of Police, Thoothukudi District, Thoothukudi.

7.The Director, Central Bureau of Investigation, CBI, Head Quarters, New Delhi.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

PM W.P.(MD)No.11390 of 2018 12.02.2024