Karuthapandi @ Pandiarajan, v. The Secretary To Government,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2018 CORAM :
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.283 of 2013 Karuthapandi @ Pandiarajan ... Petitioner Vs.
1.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.
2.The Director General of Police, O/o.Director General of Police, Beach Road, Chennai.
3.The Additional Director General of Police (Prisons) C.M.T.A., Tower-II, No.1, Gandhi Irvin Road, Egmore, Chennai.
4.The Superintendent of Prison, Madurai Central Prison, Madurai District.
5.The Commissioner of Police, Madurai City, Madurai.
6.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.
7.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.
8.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.
... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus directing the respondents for protect the petitioner's life, now confined at Madurai Central Prison from fake encounter or any other way of extra judicial killing. For Petitioner : Mr.R.Venkatesan For Respondents : Mr.Aayiram K Selvakumar Additional Government Pleader
ORDER
The Writ Petition has been filed seeking a direction to the respondents to protect the petitioner's life, who has been confined at Madurai Central Prison, from fake encounter or any other way of extra judicial killing.
2.According to the petitioner, number of criminal cases have been registered against him and he was detained as a "Goonda" under Tamil Nadu Act 14 of 1982 and he has been falsely implicated in so many cases and now, he was confined at Madurai Central Prison. For the reasons best known, the respondents officials attempted to terminate his life in fake encounter. Therefore, the petitioner has come before this Court by way of this writ petition. 3.Today, when the matter taken up for hearing, the learned Additional Government Pleader appearing for the respondents filed a counter affidavit stating that so far 13 cases have been registered against the petitioner on the file of various Police Stations of Virudhunagar District, out of which, in some cases, he was acquitted and some cases are pending. Apart from that, after filing the writ petition, from the year 2013, there is no intention for the respondent police to kill the petitioner in a fake encounter and the very fact is that for the past four years, no such complaint has been made against the petitioner herein.
5.In view of the categorical submissions made by the learned Additional Government Pleader appearing for the respondents that the apprehension of the petitioner is totally misconceived, this writ petition is dismissed. No costs.
Sd/- Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.
2.The Director General of Police, O/o.Director General of Police, Beach Road, Chennai.
3.The Additional Director General of Police (Prisons) C.M.T.A., Tower-II, No.1, Gandhi Irvin Road, Egmore, Chennai.
4.The Superintendent of Prison, Madurai Central Prison, Madurai District.
5.The Commissioner of Police, Madurai City, Madurai.
6.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District.
7.The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.
+1cc to M/S.Special Government Pleader,SR. 47210 WP(MD)No.283 of 2013 07.02.2018 NS KK/SKN RSK/SAR 4/07.03.2018/ 3P- 9C/