Madras High Court
Chellamaraikayar vs The State Of Tamil Nadu on 23 February, 2023
W.P.(MD)No.6208 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :23.02.2023
CORAM
THE HONOURABLE MR.JUSTICE K. KUMARESH BABU
W.P.(MD)No.6208 of 2015
Chellamaraikayar ... Petitioner
Vs.
1.The State of Tamil Nadu,
Rep by its Chief Secretary,
Fort St. George,
Chennai 600 009.
2.The Principal Secretary for
Home Department,
Government of Tamil Nadu,
Fort St. George,
Chennai 600 009.
3.The District Collector,
Collectorate Building,
Madurai District 625 020.
4.The Commissioner of Police,
Commissioner Office,
Ambattur, Chennai 600062.
5.The Inspector of Police,
Thirumullaivoyal Police Station,
Chennai-600 062 ... Respondents
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.6208 of 2015
PRAYER : Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus, directing the respondents to
exhume the body of Vahithraja buried on 17.02.2015 at Madurai
Cholavandan Pallivasal burial ground and conduct Re-postmortem at
Government Rajaji Hospital Madurai.
For Petitioner :Mr.S.Jeyasingh
For Respondents :Mrs.D.Farjana Ghoushia
Special Government Pleader for R1 to R3
:Mr.R.M.S.Sethuraman
Additional Public Prosecutor for R4 & R5
ORDER
This writ petition has been filed seeking for a mandamus, directing the respondents to exhume the body of Vahithraja buried on 17.02.2015 at Madurai Cholavandan Pallivasal burial ground and conduct Re-postmortem at Government Rajaji Hospital Madurai.
2.The petitioner had approached this Court, on the allegation that the postmortem has been conducted and the report holding that the Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6208 of 2015 petitioner's son had died due to natural causes was doubtful for various reasons and hence, he had sought for this present relief.
3.At the outset, after more than eight years, it is obvious, the body buried as early as in the year 2015. Nothing would remain there for conducting re-postmortem. Hence, the prayer sought for in the writ petition cannot be granted at present.
4.In view of the same, this writ petition stands dismissed. There shall be no order as to costs.
23.02.2023
NCC :Yes/No
Internet :Yes/No
Index : Yes / No
sbn
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https://www.mhc.tn.gov.in/judis W.P.(MD)No.6208 of 2015 To
1.The Chief Secretary, The State of Tamil Nadu, Fort St. George, Chennai 600 009.
2.The Principal Secretary for Home Department, Government of Tamil Nadu, Fort St. George, Chennai 600 009.
3.The District Collector, Collectorate Building, Madurai District 625 020.
4.The Commissioner of Police, Commissioner Office, Ambattur, Chennai 600062.
5.The Inspector of Police, Thirumullaivoyal Police Station, Chennai-600 062 Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.6208 of 2015 K.KUMARESH BABU, J.
sbn W.P.(MD)No.6208 of 2015 23.02.2023 Page 5 of 5 https://www.mhc.tn.gov.in/judis