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Madras High CourtWP(MD)/28727/2025disposed of

C.Selvakumar v. The Principal Secretary To Government

2025-12-11Honourable Dr Justice G. Jayachandran,Honourable Mr Justice K.K. Ramakrishnan8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2025

CORAM:

THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN AND THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN and W.M.P.(MD)Nos.409 to 411 of 2025 in W.P(MD)No.1717 of 2025 W.P(MD)No.28727 of 2025 C.Selvakumar ... Petitioner Vs.

1.The Principal Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2.The Chairperson Tamilnadu State Human Rights Commission, Chennai-600 007.

3.The Chairperson Tamilnadu State SC/ST Commission, Chennai-600 002.

4.The Director General of Police, Tamil Nadu Police Headquarters, Mylapore, Chennai-600 004.

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5.The Commissioner of Police, Maudri City Police, 6.The Superintendent of Police, CB-CID, Pantheon Road, Egmore, Chennai.

7.The Assistant Commissioner of Police, Anna Nagar Range, 8.Ms.Flower Sheela 9.Mr.Nagaraj 10.Mr.Kamu 11.One Unidentified Police Constable, Attachted to Anna Nagar Police Station, Madurai-625 020.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 6th respondent to register and investigate the custodial torture and death of Thiru.Dinesh Kumar(aged 30 years) under relevant provisions of IPC and SC/ST(POA) Act, 1989 and directing the 1st respondent to pay an interim compensation of Rs.25,00,000/- and provide Government employment to one eligible family member of the deceased as compensation and also directing the 5th respondent to suspend and prosecute the respondents No. 8 to 11 and directing the 2nd and 3rd respondents to monitor the investigation and report to this Court based on the complaint lodged by the victim's mother.

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For Petitioner : C.Selvakumar, Party-in-Person For R1 : Mr.P.Thilak Kumar, Government Pleader For R4 to R7 : Mr.T.Senthilkumar, Additional Public Prosecutor W.P(MD)No.1717 of 2025 V.Muthulaxmi ... Petitioner Vs.

1.The Home Secretary, Office of the Home Secretary, Govt., of Tamil Nadu, Secretariat, St.George Fort, Chennai-600 009.

2.The Director General of Police, D.G.P Office, Mylapore, Dr.Radhakrishnan Salai, Chennai-625 005 3.The Inspector General of Police, Crime Branch Crime Investigation Department(C.B.C.I.D) No.220, Pantheon Road, Egmore, Chennai-8 4.The Commissioner of Police, Madurai City, Madurai.

5.The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai.

6.The Dean, Madurai Rajaji Government Medical College Hospital, ... Respondents 3/8

PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the fourth respondent to get registered a case of murder under Section 103 BNS along with Section 3(2)(i) of the SC/ST POA Act, at the Anna Nagar Police Station on the complaint preferred by the mother of the deceased dated 09.10.2025 and transfer the same to the third respondent and the said investigation may be periodically monitored by this Court.

For Petitioner : Mr.Henri Tiphagne For R1 & R6 : Mr.P.Thilak Kumar, Government Pleader For R2 to R5 : Mr.T.Senthilkumar, Additional Public Prosecutor COMMON ORDER (Order of the Court was made by DR.G.JAYACHANDRAN, J.) One Mr.Dinesh Kumar as suspect was taken to custody by Anna Nagar Police, in connection with Drug Trafficking along with few more were also taken into custody. It appears that the said Dinesh Kumar, slipped from the custody of the police and his body was recovered from Vandiyur Kanmai. The relatives of the said Dinesh Kumar alleges that it is a custodial death, whereas the police denies it. The case was registered in Crime No. 663 of 2025 and was subsequently transferred to the CBCID. The investigation is presently being conducted by the Deputy Superintendent of Police, Crime Branch, CBCID, Madurai Range. 4/8

2.A Public Interest Litigation is filed by one Selvakumar, seeking Mandamus stating that the victim Dinesh Kumar belongs to Scheduled Caste Community and therefore, interim compensation of Rs. 25,00,000/- should be given by the Government and also employment must be provided to one of the eligible family members. The mother of the victim is also before us by way of a writ petition in W.P.(MD) No. 1717 of 2025, seeking a writ of mandamus to alter the appropriate provisions of the SC/ST (Prevention of Atrocities) Act and to add the appropriate provisions under the BNS Act.

3.The case of the suspicious death, the investigation has been transferred to CBCID, since the investigation is pending, this Court is not inclined to make any observation on the merits of the case. It is open to the Investigating Officer to examine and investigate all angles and first rule out whether it is a custodial death or accidental death. Thereafter, the Investigating Officer shall also take note of whether any other offence either under BNS Act or under any Special Act is attracted and file a final report as expeditiously as possible, preferably within a period of sixty(60) days from today.

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4.With the above direction, these Writ Petitions stand disposed of. No order as to costs. Consequently, connected miscellaneous petitions are closed.

[G.J., J.] & [K.K.R.K., J.] 11.12.2025 Index :Yes/No Internet :Yes Ns To 1.The Principal Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2.The Director General of Police, Tamil Nadu Police Headquarters, Mylapore, Chennai-600 004.

3.The Commissioner of Police, Maudri City Police, 4.The Superintendent of Police, CB-CID, Pantheon Road, Egmore, Chennai.

5.The Assistant Commissioner of Police, Anna Nagar Range, 6/8

6.The Home Secretary, Office of the Home Secretary, Govt., of Tamil Nadu, Secretariat, St.George Fort, Chennai-600 009.3.The Inspector General of Police, Crime Branch Crime Investigation Department(C.B.C.I.D) No.220, Pantheon Road, Egmore, Chennai-8 7.The Commissioner of Police, Madurai City, Madurai.

8.The Inspector of Police, Anna Nagar Police Station, Madurai City, Madurai.

9.The Dean, Madurai Rajaji Government Medical College Hospital, 7/8

DR.

G. JAYACHANDRAN , J.

AND K.K. RAMAKRISHNAN, J.

Ns and W.M.P.(MD)Nos.409 to 411 of 2025 in W.P(MD)No.1717 of 2025 11.12.2025 8/8