Madras High CourtWP(MD)/15265/2015disposed of

S.Marimuthu,S/O.Ksundaram v. The State Of Tamil Nadu

2019-10-18Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.P.(MD)No.2 of 2015

1. S.Marimuthu

2. K.Sundaram

3. S.Muniyasamy ... Petitioners Vs.

1. The State of Tamil Nadu, Rep. By the Home Secretary, Department of Home, Secretariat, St.George Fort, Chennai - 9.

2. The Director General of Police, Office of the Director General of Police, Anna Salai, Chennai.

3. The Superintendent of Police, O/o.the Superintendent of Police, Ramanathapuram District.

4. Deshmuk Sekar Sanjai, Assistant Superintendent of Police, Kamudi(tk), Ramanathapuram District.

5. A.G.Murugan, Inspector of Police, Kamudi Police Station, Ramanathapuram District.

6. Chantha Valayan, Sub Inspector of Police, Kamudi Police Station, Ramanathapuram District. ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 3 to take necessary action against respondents 4 to 6 police personnel and consequently to grant compensation to the petitioners herein within the time frame stipulated by this Court. 1/3

For Petitioners : Mr.T.Lajapathi Roy For Respondents: Mr.A.Robinson, Government Advocate(Crl.Side).

O R D E R

The petitioners allege violation of human rights on the part of Kamudhi police personnel and seek compensation. According to them, the petitioners were illegally detained on 15.08.2015. It is their further case that the first petitioner was assaulted and he sustained injuries. The petitioners have also moved the National Human Rights Commission. The matters are still pending there.

2. This Court wanted to know as to whether this writ petition can be taken up for disposal, based on the finding of the National Human Rights Commission.

3. The petitioners counsel states that he would be satisfied, if the representation given by the petitioners before the first respondent is disposed of on merits and in accordance with law.

4. Therefore, this Court directs the first respondent to consider the petitioners representation dated 08.08.2015 on merits and in accordance with law and pass appropriate orders within a period of sixteen weeks from the date of receipt of a copy of this order. The first respondent will take note of the materials enclosed by the petitioner in the typed set of papers.

5. With this direction, the writ petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To:

1. The Home Secretary, Department of Home, Secretariat, St.George Fort, Chennai - 9.

2. The Director General of Police, Office of the Director General of Police, Anna Salai, Chennai.

2/3

3. The Superintendent of Police, O/o.the Superintendent of Police, Ramanathapuram District.

4. The Assistant Superintendent of Police, Kamudi(tk), Ramanathapuram District.

5. The Inspector of Police, Kamudi Police Station, Ramanathapuram District.

6. The Sub Inspector of Police, Kamudi Police Station, Ramanathapuram District.

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-93688[F] 22/10/2019 ) W.P.(MD)No.15265 of 2015 18.10.2019 pmu SDS (12.12.2019) 3P 8C 3/3