Madras High CourtWP(MD)/12752/2013disposed of accordingly

G.Sethu v. The Secretary

2017-12-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.12752 of 2013 and MP(MD)No.1 of 2013 G.Sethu ... Petitioner vs.

1.The Secretary, Government of Tamilnadu, Home Public Department, Secretariat, Fort St.George, Chennai - 9.

2.The Director General of Police, South Zone, Madurai, Tamilnadu.

3.V.Lingasamy Special Sub Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

4.K.Thagavelu Sub Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

5.M.Pandi (R5 suo motu impleaded vide order dated 31.07.013) ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents jointly and severally to pay a sum of Rs.10,00,000/- (Ten Lakhs) to the petitioner as damages and compensation for the illegal conduct of Search made in petitioner's house premises on 30.05.2013 without following all the procedures under the guise of search.

For Petitioner : Mr.M.S.Sureshkumar For RR - 1 & 2 : Mr.T.S.Mohammed Mohideen Additional Government Pleader For R3 & R4 : No appearance For R5 : Mr.B.Vinothbalan https://hcservices.ecourts.gov.in/hcservices/

O R D E R

This writ petition has been filed seeking a direction to the respondents jointly and severally to pay a sum of Rs.10,00,000/- (Ten Lakhs) to the petitioner towards damages and compensation for the illegal conduct of search made in the petitioner's house premises on 30.05.2013 without following all the procedures under the guise of search.

2.The learned counsel appearing for the petitioner submitted that the respondents 3 and 4 made a search in the premises of the petitioner without following the due process of law and hence, the petitioner has filed the present petition, claiming compensation as stated above.

3.The learned Additional Government Pleader appearing for the respondents 1 and 2 submitted that the respondents 3 and 4 herein have made the search in the petitioner's premises only after observing all the formalities in the manner known to law and that too based on the complaint given by the fifth respondent. 4.It is brought to the notice of this Court that the subject matter in dispute is under the trial stage. Under such circumstances, both parties are directed to approach the authorities concerned for appropriate relief, after the trial is over. 5.With the above direction, this writ petition is closed. No costs. Consequently, MP(MD)No.1 of 2013 is closed. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Secretary, Home Public Department, Secretariat, Fort St.George, Chennai - 9.

2.The Director General of Police, South Zone, Madurai, Tamilnadu.

+1cc to Mr.B.VINOTHBALAN Advocate in SR. No. 92952 +1cc to M/s.M.S.SURESH KUMAR Advocate in SR. No. 93019 +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 93307 MJ JS/MR/SAR.3/05.01.2018/2P-6C W.P(MD) No.12752 of 2013 https://hcservices.ecourts.gov.in/hcservices/ 15.12.2017