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Madras High CourtWP(MD)/21834/2021dismissed

Manikanda Prabhu @ Mudakkanthan Mani.B v. The Secretary To Government

2025-01-28Honourable Mr Justice B.Pugalendhi7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI B.Manikanda Prabhu @ Mudakkanthan Mani .. Petitioner v.

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

2.The Director General of Police, O/o.Director General of Police, Dr.Radhakrishnan Salai Road, Mylapore, Chennai.

3.The Inspector General of Police (Southern Zone), O/o.Inspector General of Police, Bharathiula Road, Race Course, Madurai - 2.

4.The District Collector, Madurai, O/o.District Collector, Collector Office Road, Madurai.

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5.The Superintendent of Police, O/o.Superintendent of Police, Alagar Kovil Road, Madurai - 2.

6.The Inspector of Police, Allanganallur Police Station, Allanganallur, Madurai.

7.Sivaganesh 8.Rajkumar 9.P.Ramachandran 10.Rajkaboor .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 6 to initiate appropriate disciplinary proceedings against the respondents 7 to 10 for the inhuman and brutal attack on the petitioner on 17.01.2020; and to provide compensation to the petitioner for the grievous injuries suffered by him for the inhuman and brutal attack by the respondents 7 to 10 on 17.01.2020 and recover the same from the respondents 7 to 10 by holding them responsible for the occurrence.

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For Petitioner : Mr.Niranjan S.Kumar For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R.1 to R.6 No appearance for R.7 to R.10 *****

ORDER

The petitioner claims that he is a bull tamer and also the President of the Tamil Nadu Jallikattu Centre. He is said to have participated in the Jallikattu conducted at Avaniyapuram, Madurai, on 17.01.2020. The bull tamers were made to wait in a room, while medical checkup was conducted for the bulls. According to the petitioner, around 75 persons were accommodated in the room and there was no sufficient water facility. Therefore, the petitioner has made a request to the officers to provide some water facilities, by referring to the orders of the Court. For having demanded water, he was beaten up and he sustained injury. Therefore, this petitioner has lodged a complaint before the District Collector to take 3/7

appropriate action as against the respondents 7 to 10, whom, according to this petitioner, have beaten him and has filed this writ petition. 2.The Superintendent of Police, Madurai District, has filed a counter affidavit. The Superintendent of Police claims that the petitioner has made certain comments on the Women Police Constables, who were on duty at that relevant point of time. He has also used unbecoming slang as against the Women Constables on duty. Therefore, the petitioner was removed from that place. In order to prevent the complaint, if any, from the Women Constables, the petitioner has made this complaint before the District Collector.

3.The Superintendent of Police has also pointed out that this petitioner has preferred the complaint on 20.01.2020 before the District Collector for the alleged incident said to have taken place on 17.01.2020. He also claimed that the affected Women Constables were not inclined to lodge any complaint for the conduct of this petitioner. 4/7

4.Both the parties have raised allegations and counter allegations. This Court, under Article 226 of the Constitution of India, cannot conduct a roving enquiry. The petitioner, if at all aggrieved, ought to have lodged a private complaint at the relevant point of time itself. 5.Since disputed questions of facts are involved, this Court is not inclined to entertain this writ petition and the same is accordingly, dismissed. There shall be no order as to costs. Index :

Yes / No 28.01.2025 NCC :

Yes / No gk To 1.The Secretary to Government, Home Department (Police), State of Tamil Nadu, Secretariat, Fort St.George, Chennai - 600 009.

2.The Director General of Police, O/o.Director General of Police, Dr.Radhakrishnan Salai Road, Mylapore, Chennai.

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3.The Inspector General of Police (Southern Zone), O/o.Inspector General of Police, Bharathiula Road, Race Course, Madurai - 2.

4.The District Collector, Madurai, O/o.District Collector, Collector Office Road, Madurai.

5.The Superintendent of Police, O/o.Superintendent of Police, Alagar Kovil Road, Madurai - 2.

6.The Inspector of Police, Allanganallur Police Station, Allanganallur, Madurai.

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B.PUGALENDHI, J.

gk 28.01.2025 7/7