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Madras High Court

P.Rathinam vs Union Of India on 4 August, 2025

Author: S.M.Subramaniam

Bench: S.M.Subramaniam

                                                                                 W.P.(MD) No.17964 of 2020



                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 04.08.2025

                                                             CORAM:

                                    THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                       and
                                     THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE


                                              W.P.(MD) No.17964 of 2020


                 P.Rathinam                                                              ... Petitioner

                                                                 -vs-


                 1.Union of India
                   represented by Secretary
                   Ministry of Home Affairs
                   North Block
                   New Delhi-110 001

                 2.The Election Commission of India
                   represented by Secretary General
                   Nirvachan Sadan
                   Ashoka Road
                   New Delhi-110 001

                 3.The Tamilnadu State Legal
                     Services Authority
                   represented by Member Secretary
                   High Court Campus
                   Chennai-600 104

                 4.State of Tamilnadu


                 ____________
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                                                                               W.P.(MD) No.17964 of 2020



                    represented by Secretary
                    Home Department
                    Secretariat
                    Fort St.George
                    Chennai-600 009

                 5.The Chief Electoral Officer
                   Public (Elections) Department
                   Secretariat
                   Fort St.George
                   Chennai-600 009

                 6.The Director General of Police
                   Tamilnadu Government
                   Police Head Quarters
                   Chennai-600 004

                 7.Inspector General of Police
                   Tamilnadu Government
                   Central Zone
                   Trichy

                 8.Superintendent of Police
                   Tanjore District
                   Tanjore

                 9.The District Collector
                   Tanjore District
                   Tanjore

                 10.The District Legal Services Authority
                    represented by Member Secretary
                    District Court Complex
                    Tanjore District, Tanjore


                 11.The Inspector of Police
                    Kumbakonam East Police Station

                 ____________
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                                                                             W.P.(MD) No.17964 of 2020



                      Kumbakonam Taluk
                      Tanjore District

                 12.The Inspector of Police
                    Papanasam Police Station
                    Kumbakonam Taluk
                    Tanjore District

                 13.The Inspector of Police
                    Kumbakonam Taluk Police Station
                    Kumbakonam Taluk
                    Tanjore District

                 14.All India Anna Dravida Munnetra
                      Kazhagam (AIADMK)
                    represented by Secretary General
                    Avvai Shanmugam Salai
                    Azad Nagar, Royapettah
                    Chennai-600 014                                                         ... Respondents


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

                 a writ of mandamus directing the respondents as:

                 (a) Directing the Union of India Respondent No.1, the Election Commission of

                 India Respondent No.2 and the State of Tamilnadu the Respondent No.4 to

                 submit a report to this Court with regard to the payment of cash by any

                 political party including the ruling party of Tamilnadu to the loyal and

                 confidential persons of the political party for making payment to the voters at

                 the time of the coming State Assembly Election. These respondents have to

                 disclose that what are the mechanism is being adopted for arresting the

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                                                                              W.P.(MD) No.17964 of 2020



                 menace of corrupting the voters by paying cash in advance to get their votes

                 by the Political Parties at the eve of the proposed Election for the Parliament

                 and the State Assembly.

                 (b) Constituting a Special Investigation Team consisting of Senior Police

                 officers known for their honesty and sincerity to investigate the illegal payment

                 of large amount of cash to the late Agricultural Minister Mr.Doraikkannu

                 before his identification of the attack of the disease called Covid-19 by the

                 leaders of All India Anna Dravida Munnetra Kazhagam for making payment to

                 the voters in the coming election for the State Assembly may be held in May

                 2021 in the light of the First Information Reports registered on 05.11.2020 in

                 crime numbers (i) 1447 in Kumbakonam East Police station, (ii) 938 in

                 Papanasam Police station and (iii) 1570 in Kumbakonam Taluk Police station

                 and to direct the team to take all follow up action as per law.

                 (c) Directing a 4th, 6th, 7th and 8th respondents to give full protection to the

                 persons who are willing to give complaint or information with regard to the

                 transfer of properties by adopting illegal methods in Kumbakonam Taluk and

                 the surrounding places in the light of the First Information Reports registered

                 on 05.11.2020 in crime number (i) 1447 in Kumbakonam East Police station,

                 (ii) 938 in Papanasam Police station and (iii) 1570 in Kumbakonam Taluk



                 ____________
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                                                                                      W.P.(MD) No.17964 of 2020



                 Police station.

                 (d) Directing the 3rd respondent Tamilnadu Legal Services Authority to

                 arrange for Legal Aid Committee in Kumbakonam consisting of retired judges,

                 Senior Advocates and Social activists to provide Legal Services to the needy

                 who are wanting to make complaint against the persons who indulged in

                 rowdyism, grabbing of properties and such other illegal activities resulting in

                 the loss to the Government and Private persons in Kumbakonam Taluk,

                 Tanjore District.


                                  For Petitioner        : No appearance

                                  For Respondents       : No appearance for R1 to R3
                                                          Mr.P.Thilakkumar
                                                          Government Pleader for R4, R5 & R9
                                                          Mr.S.Ravi
                                                          Additional Public Prosecutor
                                                          for R6 to R8, R11 to R13




                                                                ORDER

[Order of the Court was made by S.M.SUBRAMANIAM, J.] On 29.07.2025, when the writ petition came up for consideration, ____________ Page 5 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 03:52:23 pm ) W.P.(MD) No.17964 of 2020 none appeared on behalf of the petitioner and hence, the matter was directed to be listed today under the caption “for dismissal”. Accordingly, this writ petition is listed today under the caption “for dismissal”. Even today, there is no representation on behalf of the petitioner. In such circumstances, this Court is left with no other option except to dismiss the writ petition for non-

prosecution.

2. Accordingly, this writ petition is dismissed for non-prosecution.

No costs.




                                                                    [S.M.S., J.]              [A.D.M.C., J.]
                                                                                   04.08.2025
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk


                 To:
                 1.The Secretary,

Ministry of Home Affairs, Union of India, North Block, New Delhi-110 001.

4.The Secretary, ____________ Page 6 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 03:52:23 pm ) W.P.(MD) No.17964 of 2020 Home Department, State of Tamilnadu, Secretariat, Fort St.George, Chennai-600 009.

5.The Chief Electoral Officer, Public (Elections) Department, Secretariat, Fort St.George, Chennai-600 009.

6.The Director General of Police, Tamilnadu Government, Police Head Quarters, Chennai-600 004.

7.The Inspector General of Police, Tamilnadu Government, Central Zone, Trichy.

8.The Superintendent of Police, Tanjore District, Tanjore.

9.The District Collector, Tanjore District, Tanjore.

10.The Inspector of Police, Kumbakonam East Police Station, Kumbakonam Taluk, Tanjore District.

11.The Inspector of Police, Papanasam Police Station, Kumbakonam Taluk, ____________ Page 7 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 03:52:23 pm ) W.P.(MD) No.17964 of 2020 Tanjore District.

12.The Inspector of Police, Kumbakonam Taluk Police Station, Kumbakonam Taluk, Tanjore District.

____________ Page 8 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 03:52:23 pm ) W.P.(MD) No.17964 of 2020 S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

krk W.P.(MD) No.17964 of 2020 04.08.2025 ____________ Page 9 of 9 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/08/2025 03:52:23 pm )