The High Court of Judicature at Madras dismissed a writ petition challenging an alleged fake encounter. Holding that no statutory duty exists for respondents to consider such representations, the court refused the writ of mandamus.
Writ of mandamus denied; petition dismissed with no costs.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2022
CORAM THE HONOURABLE MR.JUSTICE P.N.PRAKASH AND THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
W.P.NO.9167 OF 2022
T.Suganya
... Petitioner
Vs.
... Respondents
Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to consider the petitioner's representation dated 04.04.2022 and to stop the fake encounter as against my husband Thanigaivel @ Thaniga.
For Petitioner : Mr.S.Karthikeyan for Mr.K.Thenrajan For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
ORDER
[Made by P.N.PRAKASH, J.]
A writ of mandamus of this nature cannot be granted, as the same is settled beyond cavil by the Supreme Court that a writ of mandamus can only be issued for enforcement of a statutory duty and there is no statutory duty cast upon the respondents to consider the representation of such a nature and pass orders.
In the result, this writ petition stands dismissed. No costs.
Sd/-
Assistant Registrar(CS-III)
//True Copy//
Sub Assistant Registrar
nsd
To
W.P.No.9167 of 2022
PL(CO) RLP(27/04/2022)
1 issue framed by the court
Whether a writ of mandamus can be issued directing authorities to consider a petition challenging a fake encounter.
T.Suganya
State of Tamil Nadu represented by The Secretary to Government, Home, Prohibition and Excise Department
The Director General of Police
The District Collector, Kancheepuram District
The Superintendent of Police, Kancheepuram District
The Deputy Superintendent of Police, Kancheepuram District
P.N.PRAKASH
A.A.NAKKIRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
