Madras High CourtWP(MD)/2971/2013dismissed

Deivam, W/O. Selvam, v. The District Collector,

2017-11-17Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.2971 of 2013 and M.P.(MD) No.1 of 2013 Deivam ... Petitioner -vs1. The District Collector, Collector Office, Madurai.

2. The Superintendent of Police, Superintendent of Police Office, Madurai.

3. The South Zone Inspector General of Police, Inspector General of Police Office, Madurai.

4. Madhavan

5. Dharmalingam

6. Muralidharan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to take action upon the respondents 4 to 6 for their illegal and ultra vires act of attacking the petitioner and her family occurred on 03/12/2012, 11/01/2013 and on continuous days and further forbear the respondents 4 to 6 from harassing the petitioner on the guise of enquiry.

For Petitioners : Mr.K.R.Laxman For R1 to R3 : Mr.J.Gunaseelan Muthiah Govt. Advocate *****

O R D E R

This writ petition has been filed, seeking a direction to the respondents 1 to 3 to take action against the respondents 4 to 6 for their illegal and ultra vires act of attacking the petitioner and her family members occurred on 03/12/2012, 11/01/2013 and on continuous days and further forbear the respondents 4 to 6 from harassing the petitioner in the guise of enquiry.

2. When the matter is taken up for hearing, the learned Government Advocate appearing for R1 to R3 has submitted that the prayer in this petition is not maintainable, as a criminal prosecution has been launched against the petitioner under https://hcservices.ecourts.gov.in/hcservices/

Sections 8 (c) r/w 20 (b) (ii) (C) and Section 29 of NDPS Act.

3. In view of the above submission, this petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AD II) /True copy/ Sub Assistant Registrar To:

1. The District Collector, Collector Office, Madurai.

2. The Superintendent of Police, Superintendent of Police Office, Madurai.

3. The South Zone Inspector General of Police, Inspector General of Police Office, Madurai.

+1cc to Mr.K.R.LAXMAN,Advocate,SR.87864 +1cc to M/S.Special Government Pleader,SR. 88170 W.P(MD) No.2971 of 2013 17.11.2017 AR KK/JC/SAR 4/06.12.2017/ 2P- 6C/ https://hcservices.ecourts.gov.in/hcservices/