Petitioner sought direction to take action against police for alleged assault. Court noted conflicting versions of events and held it cannot decide versions under writ jurisdiction, dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.14025 of 2010
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 13.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P(MD)No.14025 of 2010 and M.P(MD)No.1 of 2011 J.Panneer Selvam ... Petitioner Vs 1.The State of Tamil Nadu, Represented by it Secretary, Home Department, Fort St George, Chennai – 9.
2.The Director General of Police, Tamil Nadu Police Department, Kamarajar Salai, Chennai.
3.The Inspector General of Police, South Zone, Madurai.
4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.
5.Praveshkumar, Assistant Superintendent of Police, Ramanathapuram District, Ottapalam,Paramakudi, Ramanathapuram District. ... Respondents
[Cause title regarding R5 amended vide order dated 27.01.2011 vide M.P(MD)No.1 of 2011]
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the first respondent to give necessary direction to the fourth respondent to take necessary appropriate legal action as against the fifth respondent for having attacked the petitioner brutally on 25.11.2010,based on the petitioner's representation dated 26.11.2010 made to the first respondent.
1/3
W.P(MD)No.14025 of 2010
For Petitioner : Mr.K.Kannan For Respondent : Mr.A.Baskaran Nos.1 to 4 Additional Government Pleader For Respondent : Mr.G.Prabhu Rajadurai No.5
ORDER
This writ petition is filed for a direction to take action against the fifth respondent.
2.The learned Counsel for the petitioner submits that when the petitioner, being an Advocate, accompanied one Rajesh Kannan on the date of occurrence for enquiry, he was brutally attacked by the respondent police.
3.The learned Additional Government Pleader appearing for respondents 1 to 4 submits that during the departmental proceedings, a clash broke out between the petitioner group and the police officials. When the petitioner attempted to pacify them, he sustained abrasion on hand.
4.The learned Counsel for the fifth respondent submits that the petitioner's group has raised certain slogans inside of the office of the fifth respondent and therefore, they were asked to wait in the waiting hall. However, they created some problem and therefore, there was a scuffle between the police officials and other witnesses.
5.There are different versions placed before this Court with regard to an incident. This Court under 226 of the Constitution of India, cannot decide as to whose version is correct and whose verse is not correct. Therefore, this Court is not inclined to entertain this writ petition and accordingly, this writ petition stands dismissed. However, it is always open to the petitioner to work out his remedy by filing necessary complaint as against the offender. No costs.
Assistant Registrar (CS-III)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
2/3
W.P(MD)No.14025 of 2010
To
1.The Secretary, Home Department, Fort St George, Chennai – 9. 2.The Director General of Police, Tamil Nadu Police Department, Kamarajar Salai, Chennai. 3.The Inspector General of Police, South Zone, Madurai. 4.The Superintendent of Police, Ramanathapuram District, Ramanathapuram. +1 CC toM/s.G.PRABHU RAJADURAI,Advocate(SR-19284[F]dated 19/04/2022) +1 CC toM/s.SPL.GP. (SR-18974[F] dated 18/04/2022 )
ORDER MADE IN W.P(MD)No.14025 of 2010 13.04.2022
PKP/16.05.2022/3P/7C
3/3
1 issue framed by the court
Whether the Court can decide the correct version of the incident under Article 226 between conflicting accounts of the petitioner and police.
1 provisions across 1 enactments
J. Panneer Selvam
The State of Tamil Nadu
The Director General of Police, Tamil Nadu
The Inspector General of Police, South Zone
The Superintendent of Police, Ramanathapuram District
Praveshkumar
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
