Kaliappan @ Ramadoss v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) Nos.11697 & 11698 of 2018 Kaliappan @ Ramadoss ... Petitioner -vs1.The Secretary to Government State of Tamil Nadu Home Department St.George Fort Secretariat, Chennai-600 009 2.The Director General of Police Dr.Radhakrishnan Road Mylapore, Chennai-600 004 3.The Inspector General of Police South Zone Natham Road, Madurai-625 002 4.The District Collector Thoothukudi District Thoothukudi 5.The Superintendent of Police Crime Branch Crime Investigation Department (C.B.C.I.D.) No.220, Pantheon Road Egmore, Chennai-8 6.The Superintendent of Police O/o.Superintendent of Police Thoothukudi District ... Respondents 1/3

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents No.1 & 2 to constitute a Special Investigation Team led by a competent police officer not below the rank of D.I.G. consisting of experienced & sensitive police officers and to transfer the investigation of all cases relating to the date in 22.05.2018 and 23.05.2018 Thoothukudi Firing incident from the 6th respondent to the newly constituted Special Team for the effective investigation of the case under the monitor of this Court in the light of the guidelines evolved by the Apex Court in PUCL vs. State of Maharashtra.

For Petitioner :Mr.P.Kanagavel For Respondents :Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 & R4 Mr.T.Senthil Kumar Addl. Public Prosecutor for R2, R3, R5 & R6

O R D E R

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents No.1 & 2 to constitute a Special Investigation Team led by a competent police officer not below the rank of Deputy Inspector General of Police consisting of experienced and sensitive police officers, transfer the investigation of all cases relating to Thoothukudi Firing incident from the sixth respondent to the newly constituted Special Team for effective investigation of the case under the monitor of this Court in the light of the guidelines evolved by the Apex Court in PUCL vs. State of Maharashtra [(2014) 10 SCC 635].

2. The learned Additional Government Pleader appearing for the respondents 1 & 4 submitted that as the Enquiry Commission itself has submitted its report on 18.05.2022 to the Government, no further adjudication is required in respect of the grounds raised in this writ petition.

3. Recording the above submission, the writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // /09/2022 Sub Assistant Registrar(CS) 2/3

krk To:

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

2.The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai-600 004.

3.The Inspector General of Police, South Zone, Natham Road, Madurai-625 002.

4.The District Collector, Thoothukudi District, Thoothukudi.

5.The Superintendent of Police, Crime Branch Crime Investigation Department (C.B.C.I.D.), No.220, Pantheon Road, Egmore, Chennai-8.

6.The Superintendent of Police, O/o.Superintendent of Police, Thoothukudi District.

7.Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

and W.M.P.(MD) Nos.11697 & 11698 of 2018 15.09.2022 RK /24/09/2022/ 3P 8C 3/3