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Madras High Court

Kaliappan @ Ramadoss vs The Secretary To Government on 15 September, 2022

Author: R.Mahadevan

Bench: R.Mahadevan, J.Sathya Narayana Prasad

                                                                  W.P.(MD) No.12807 of 2018


                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 15.09.2022

                                                       CORAM:

                                THE HONOURABLE MR.JUSTICE R.MAHADEVAN
                                                 and
                          THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                              W.P.(MD) No.12807 of 2018
                                                          and
                                         W.M.P.(MD) Nos.11697 & 11698 of 2018


                 Kaliappan @ Ramadoss                                            ... Petitioner

                                                         -vs-


                 1.The Secretary to Government
                   State of Tamil Nadu
                   Home Department
                   St.George Fort
                   Secretariat, Chennai-600 009

                 2.The Director General of Police
                   Dr.Radhakrishnan Road
                   Mylapore, Chennai-600 004

                 3.The Inspector General of Police
                   South Zone
                   Natham Road, Madurai-625 002

                 4.The District Collector
                   Thoothukudi District
                   Thoothukudi




                 ____________
                 Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                       W.P.(MD) No.12807 of 2018


                 5.The Superintendent of Police
                   Crime Branch Crime Investigation
                     Department (C.B.C.I.D.)
                   No.220, Pantheon Road
                   Egmore, Chennai-8

                 6.The Superintendent of Police
                   O/o.Superintendent of Police
                   Thoothukudi District                                               ... Respondents


                 PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a

                 writ of mandamus directing the respondents No.1 & 2 to constitute a Special

                 Investigation Team led by a competent police officer not below the rank of

                 D.I.G. consisting of experienced & sensitive police officers and to transfer the

                 investigation of all cases relating to the date in 22.05.2018 and 23.05.2018

                 Thoothukudi Firing incident from the 6th respondent to the newly constituted

                 Special Team for the effective investigation of the case under the monitor of

                 this Court in the light of the guidelines evolved by the Apex Court in PUCL vs.

                 State of Maharashtra.


                                  For Petitioner    : Mr.P.Kanagavel

                                  For Respondents   : Mr.G.V.Vairam Santhosh
                                                      Additional Government Pleader for R1 & R4
                                                      Mr.T.Senthil Kumar
                                                      Addl. Public Prosecutor for R2, R3, R5 & R6




                 ____________
                 Page 2 of 6

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                                                                        W.P.(MD) No.12807 of 2018




                                                          ORDER

[Order of the Court was made by R.MAHADEVAN, J.] The prayer in this writ petition is for issuance of a writ of mandamus directing the respondents No.1 & 2 to constitute a Special Investigation Team led by a competent police officer not below the rank of Deputy Inspector General of Police consisting of experienced and sensitive police officers, transfer the investigation of all cases relating to Thoothukudi Firing incident from the sixth respondent to the newly constituted Special Team for effective investigation of the case under the monitor of this Court in the light of the guidelines evolved by the Apex Court in PUCL vs. State of Maharashtra [(2014) 10 SCC 635].

2. The learned Additional Government Pleader appearing for the respondents 1 & 4 submitted that as the Enquiry Commission itself has submitted its report on 18.05.2022 to the Government, no further adjudication is required in respect of the grounds raised in this writ petition.

____________ Page 3 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.12807 of 2018

3. Recording the above submission, the writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

[R.M.D., J.] [J.S.N.P., J.] 15.09.2022 Index : Yes / No Internet : Yes / No krk To:

1.The Secretary to Government, State of Tamil Nadu, Home Department, St.George Fort, Secretariat, Chennai-600 009.
2.The Director General of Police, Dr.Radhakrishnan Road, Mylapore, Chennai-600 004.
3.The Inspector General of Police, South Zone, Natham Road, Madurai-625 002.
4.The District Collector, Thoothukudi District, Thoothukudi.
5.The Superintendent of Police, Crime Branch Crime Investigation Department (C.B.C.I.D.), No.220, Pantheon Road, Egmore, Chennai-8.

____________ Page 4 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.12807 of 2018

6.The Superintendent of Police, O/o.Superintendent of Police, Thoothukudi District.

____________ Page 5 of 6 https://www.mhc.tn.gov.in/judis W.P.(MD) No.12807 of 2018 R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD, J.

krk W.P.(MD) No.12807 of 2018 and W.M.P.(MD) Nos.11697 & 11698 of 2018 15.09.2022 ____________ Page 6 of 6 https://www.mhc.tn.gov.in/judis