Sathya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P(MD)No. 20470 of 2018 Sathya ... Petitioner Vs.

1. The District Collector, Collectorate, Ramanathapuram District, Ramanathapuram.

2. The Thasildar, Ramanathapuram Taluk, Ramanathapuram.

3. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

4. The Inspector of Police, Thirupullani Police Station, Ramanathapuram.

5. Velu

6. Palraj

7. Ajithmurugan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India for issuance of a Writ Mandamus, directing the respondents-1 to 4 herein to take appropriate action against the respondents-6 & 7 and other Kattapanchayatdars and ensure the petitioner's personal liberty based on petitioner's representation, dated 28.04.2018, within a time stipulated by this Court.

For Petitioner :

Mr.D. Anbarasu For R-1 to R-4 :

Mr.R. Anandharaj, Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondents-1 to 4 herein to take appropriate action against the respondents-6 & 7 and other Kattapanchayatdars and ensure the petitioner's personal liberty based on petitioner's representation, dated 28.04.2018, within a time stipulated by this Court.

1/4

2. Based on a complaint lodged by the petitioner, dated 28.04.2018 the fourth respondent has registered a case in Crime No.23 of 2018 for the offences under Sections 147, 148, 294(b), 323, 506(2) of IPC and Section 3 of TNPPDL Act, as against the respondents-5 to 7. Another complaint lodged by one Selvaraj who is a father of the petitioner, a case has been registered in Crime No.78 of 2017 as against the respondents-5 to 7 and others. After conducting investigation, the FIR in Crime No.23 of 2018 was closed as 'Mistake of Fact' on 16.03.2019 and also filed final report before the learned Judicial Magistrate No.I, Ramanathapuram. Therefore, the prayer sought for the by the petitioner has become infractuous.

3.

Accordingly, this Writ Petition is dismissed as infructuous. The fourth respondent police is directed to serve a copy of the referred charge sheet to the petitioner and on receipt of the same, the petitioner is at liberty to file protest petition before the concerned Jurisdictional Magistrate, within a period of Four weeks from the date of receipt of a copy of the order. No Costs.

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

1. The District Collector, Collectorate, Ramanathapuram District, Ramanathapuram.

2. The Thasildar, Ramanathapuram Taluk, Ramanathapuram.

3. The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

4. The Inspector of Police, Thirupullani Police Station, Ramanathapuram.

2/4

5. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.D.ANBARASU, Advocate Sr. No. 92639 W.P(MD)No. 20470 of 2018 16.10.2019 SCR(CO) TR(18.11.2019)3P 7C 3/4