Chellamaraikayar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.02.2023

CORAM

THE HONOURABLE MR.JUSTICE K. KUMARESH BABU Chellamaraikayar ... Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Chief Secretary, Fort St. George, Chennai 600 009.

2.The Principal Secretary for Home Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009.

3.The District Collector, Collectorate Building, Madurai District 625 020.

4.The Commissioner of Police, Commissioner Office, Ambattur, Chennai 600062.

5.The Inspector of Police, Thirumullaivoyal Police Station, Chennai-600 062 ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to exhume the body of Vahithraja buried on 17.02.2015 at Madurai Cholavandan Pallivasal burial ground and conduct Re-postmortem at Government Rajaji Hospital Madurai.

For Petitioner :Mr.S.Jeyasingh For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader for R1 to R3 :Mr.R.M.S.Sethuraman Additional Public Prosecutor for R4 & R5

O R D E R

This writ petition has been filed seeking for a mandamus, directing the respondents to exhume the body of Vahithraja buried on 17.02.2015 at Madurai Cholavandan Pallivasal burial ground and conduct Re-postmortem at Government Rajaji Hospital Madurai. 2.The petitioner had approached this Court, on the allegation that the postmortem has been conducted and the report holding that the

petitioner's son had died due to natural causes was doubtful for various reasons and hence, he had sought for this present relief. 3.At the outset, after more than eight years, it is obvious, the body buried as early as in the year 2015. Nothing would remain there for conducting re-postmortem. Hence, the prayer sought for in the writ petition cannot be granted at present.

4.In view of the same, this writ petition stands dismissed. There shall be no order as to costs.

23.02.2023 NCC :Yes/No Internet :Yes/No Index : Yes / No sbn

To 1.The Chief Secretary, The State of Tamil Nadu, Fort St. George, Chennai 600 009.

2.The Principal Secretary for Home Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009.

3.The District Collector, Collectorate Building, Madurai District 625 020.

4.The Commissioner of Police, Commissioner Office, Ambattur, Chennai 600062.

5.The Inspector of Police, Thirumullaivoyal Police Station, Chennai-600 062

K.KUMARESH BABU, J.

sbn W.P.(MD)No.6208 of 2015 23.02.2023