J.Kennedy v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2015 CORAM :
THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) Nos.8749 & 9936 of 2011 J.Kennedy ... Petitioner Vs.
1.State of Tamilnadu rep.by the Principal Secretary Department of Home, Secretariat, Chennai.
O/o. Director General of Police, Beach Road, Chennai.
.. Respondents O/o. Commissioner of Police, Trichy - 20.
4.The Inspector of Police, Cantonment Police, Trichy.
5.The Superintendent of Police, CBCID, Narimedu Madurai.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to provide a compensation of Rs.25 lakhs to the victim girl in Crime No.1210/2011 on the file of the Respondent No.4 Police Station and direct Respondents No.1 and 2 to provide Legal Assistant to every victim of sexual assault by providing list of lawyers in every Police Station throughout Tamilnadu as per the judgement of the Supreme Court in Delhi Domestic Working Women's Forum Vs. U.O.I. and Org. 1995 (1) SCC 14. For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.N.Manoharan Spl.Govt.Pleader WP(MD)No.9936 of 2011:
R.A.Alex .. Petitioner vs.
1.State of Tamilnadu rep.
by the Secretary to Home Dept., Secretariat, Chennai - 600 009.
Police Head Quarters, Beach Road, Chennai - 4.
Trichy City, Trichy - 20.
4.The Assistant Commissioner of Police, Cantonment Range, Trichy - 1.
5.Inspector of Police (Law and Order) Cantonment Police Station, Trichy - 1.
6.E.Ma.Masanamuthu Commissioner of Police, Trichy city, Trichy - 20.
7.A.Kamaraj Assistant Commissioner of Police, Cantonment Range, Trichy - 20.
8.S.Vasantha Inspector of Police, All Women Police Station, Cantonment, Trichy - 1.
9.R.Sihamani Inspector of Police, Cantonment Police Station, Trichy - 1.
10.P.Rajendran Special Sub Inspector of Police, Cantonment Police Station, Trichy - 1.
11.Central Bureau of Investigation, rep.by Joint Director, Sastri Bhavan,Chennai - 6.
12.M.Parani (R-12 Impleaded vide order dated 14.09.2011) in MP.(MD).No.2/2011) ... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus (a) Directing the 11th respondent to take up the investigation in Crime No.1210/2011 on the file of the Cantonment Police Station, Trichy and entrust the same to an competent officer for investigation as per law b) Directing the first respondent to pay a fair and just around as compensation to the Victim Girl and D.Jayavarthanan for the violations of their Fundamental Rights by the members of the Police force under the 1st respondent; c) Directing the 1st and 2nd respondents to ensure protection to the said
victims and the witnesses; and d) Ordering any other relief as this Court may consider it and proper in the circumstances of this matter. For Petitioner : No appearance For RR - 1 to 10 : Mr.N.Manoharan Spl.Govt.Pleader For R - 11 : No appearance For R - 12 : Mr.C.Arulvedivel @ Sekar
ORDER
(Order of the Court was made by R.SUDHAKAR,J.) Both these writ petitions have been filed, based on the allegation of sexual harassment against a victim girl, the 12th respondent in W.P.(MD) No.9936 of 2011, by the fourth respondent in W.P.(MD) No.8749 of 2011.
2.There is no representation for the petitioner in W.P.(MD) No.9936 of 2011. These writ petitions are objected to by the impleaded 12th respondent in W.P.(MD)No.9936 of 2011, who is said to have been sexually assaulted by a Police Officer, who is the 4th respondent in W.P. (MD)No.8749 of 2011. Mr.C.Arulvadivel @ Sekar, learned counsel appearing for the 12th respondent, submitted that the writ petitioners have no locus standi to file the writ petitions, and there is absolutely no grievance against the officials, more particularly the 4th respondent in W.P.(MD) No.8749 of 2011. The learned counsel further submitted that these writ petitions are vexatious litigations filed by interlopers. The stand of the victim girl is not denied by the learned counsel appearing for the petitioner in W.P.(MD)No.8749 of 2011.
4.In view of the above, these writ petitions are dismissed. No costs. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(writs) /True copy/ Sub-Assistant Registrar To 1.The Secretary to Home Dept., State of Tamilnadu Secretariat, Chennai - 600 009.
Police Head Quarters, Beach Road, Chennai - 4.
Trichy City, Trichy - 20.
4.The Assistant Commissioner of Police, Cantonment Range, Trichy - 1.
5.Inspector of Police (Law and Order) Cantonment Police Station, Trichy - 1.
6.The Inspector of Police, All Women Police Station, Cantonment, Trichy - 1.
7.The Inspector of Police, Cantonment Police Station, Trichy - 1.
8.The Special Sub Inspector of Police, Cantonment Police Station, Trichy - 1.
+1cc to Mr.T.Lajapathi Roy, Advocate SR.No.59189 +1cc to Mr.C.Arulvadivel @ Sekar, Advocate SR.No.58757 +1cc to special Government Pleader SR.No.59012 Sm:sks-rr:29.10.2015:4P/12C Writ Petition (MD) Nos.8749 & 9936 of 2011 06.10.2015