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Madras High CourtWP(MD)/38/2024dismissed

Sunitha v. The Superintendent Of Police

2024-01-03Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP W.P.(MD) No.38 of 2024 Sunitha ... Petitioner /vs./ 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Sathur Circle, Virudhunagar District.

3.The Inspector of Police, Virudhunagar Town Police Station, Virudhunagar, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 06.11.2023 and thereby take appropriate action on the erring police officers and also to bring the persons accused of before the 1/5

clutches of law forthwith.

For Petitioner : Mr.J.Sankarapandian For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

This Writ Petition is filed to direct the first Respondent to consider the Petitioner's representation dated 06.11.2023, thereby taking appropriate action on the erring Police Officers.

2.The learned counsel for the Petitioner submitted that the Petitioner is an animal activist. She had given a complaint to the third Respondent regarding transporting of 7 cows in a vehicle in crumple condition. The third Respondent had seized the vehicle, but had not acted as per law. Therefore, the Petitioner had approached this Court seeking direction against the Respondents 1 to 3 to take appropriate action based on the complaint of the Petitioner. 3.The learned Additional Public Prosecutor would submit that the Petitioner herein had filed W.A.(MD) No.221 of 2013. She is running a Ghosala. 2/5

When the Contempt Petition came up for hearing before this Court, it was pointed out by the learned Public Prosecutor to the Court that the Petitioner had sold 36 cattle handed over to her for safe custody, based on which this Court had imposed heavy cost on her. Therefore, she has not approached this Court with clean hands. It is a method adopted by the Petitioner to seize the cattle under the pretext of animal welfare activist and get illegal gain through the sale of such cattle, which are under her custody. As far as this case is concerned, the third Respondent had registered CSR and later on, registered the case for the offence under Sections 113, 114 and 115 of the Motor Vehicles Act, and imposed fine of Rs.25,000/- through police.

4.Considering the submissions of the learned Additional Public Prosecutor that the Petitioner had already been imposed with fine of Rs.25,000/- on the earlier case, this Writ Petition has no merit and hence, it is dismissed. No costs. 03.01.2024 Index : Yes / No Internet : Yes / No mm 3/5

TO:

1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Sathur Circle, Virudhunagar District.

3.The Inspector of Police, Virudhunagar Town Police Station, Virudhunagar, Virudhunagar District.

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SATHI KUMAR SUKUMARA KURUP , J.

mm Order made in W.P.(MD)No.38 of 2024 Dated:

03.01.2024 5/5