K.Murugesan Vs The Home Secretary — Writ and Judicial Review | Madras HC (2025)

K.Murugesan Vs The Home Secretary — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether a writ of mandamus should issue directing the 4th respondent (District Collector) to conduct an enquiry on the petitioner's representation regarding respondents 6 and 8 to 15 misusing their official power and conducting a kangaroo court colluding with other respondents, in the backdrop of the order in C.M.P.No.214/2022 (Judicial Magistrate Court No.II, Attur, 04/01/2022) directing the 8th respondent to register an FIR on the petitioner's complaint dated 08/10/2021, and to conduct proceedings with personal hearings on the representation dated 03/02/2023 and submit an enquiry report to the Court.

Court's answer

The direction sought in the writ petition cannot be granted, and the petition is therefore liable to be dismissed, in view of the reported registration of FIR in Crime No.85 of 2022, closure of the case as mistake of fact after investigation, service of the referred charge sheet notice, and filing of the closure report before the Judicial Magistrate No.II, Attur.

Ratio / Principle

The writ petition is dismissed, with no costs.

Key takeaways

The connected Miscellaneous Petition (W.M.P.No.11851 of 2023) is closed.ratio¶72

Detailed headnote1 paragraphs

Mandamus dismissed — Madras High Court (G.K. Ilanthiraiyan, J.), 14.02.2025 — W.P.No.12001 of 2023 (connected W.M.P.No.11851 of 2023). The petitioner sought a direction to the 4th respondent (District Collector, Salem) to enquire into his representation dated 03/02/2023 alleging that respondents 6 and 8 to 15 (police officers of Thammampatti Police Station and village officials) misused their official power and conducted a 'kangaroo court' colluding with other respondents, and to secure registration of an FIR on his complaint dated 08/10/2021 pursuant to the order in C.M.P.No.214/2022 of the Judicial Magistrate Court No.II, Attur dated 04/01/2022, with personal hearings and submission of an enquiry report. The learned Government Advocate (Crl. Side), on instructions, reported that the Inspector of Police, Thambampatti Police Station had registered FIR in Crime No.85 of 2022; after investigation the case was closed as mistake of fact; the referred charge sheet notice was served on the petitioner; and the closure report was filed before the Judicial Magistrate No.II, Attur, Salem District. Holding that the direction sought could not be granted, the Court dismissed the writ petition without costs and closed the connected miscellaneous petition.

W.P.No.12001 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

W.P.No.12001 of 2023 & W.M.P.No.11851 of 2023

K.Murugesan, S/o Krishnan. Mettu Street South, Chinnavandu Thottam, Ulipuram, GangavalU (Tk), Salem-636 118.

... Petitioner

/versus/

The Home Secretary, The Secretariat, Saint George Fort, Chennai-600 009.

The Director General of Police, Dr.Radhaknshnan Salai, Mylapur, Chennai-4.

The Inspector-General of Police, Race Course Road, Race Course, Coimbatore.

The District Collector, The District Collector Complex, Salem, SaIem-636 001.

The Superintendent of Police, District Police Office, Neththi Medu, Salem, Salem-636 002.

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W.P.No.12001 of 2023

6. Ramachandran,

The Deputy Superintendent of Police, The Deputy Superintendent of Police Office Attur, Salem-636 105.

The Inspector of Police, Anti-Land Grabbing Special Cell, District Police Office. Nethimedu, Salem 636 102.

K Murugesan, The Inspector of Police,

A.Sivasankaran,

The Sub- Inspector of Police,

Uthayakumar,

The Sub- Inspector of Police,

Iyyappan,

The Sub- Inspector of Police,

Periyasami,

The Special Sub-Inspector of Police,

Ramaraj, The Special Sub- Inspector of Police,

08 to 13 have been serving at Thammampatti Police Station, Thammampatti, Gangavalli (Tk), Salem -636

14. K. Durai,

Village Administrative Officer,

P. Arjunan, Assistant of VAO, 14 & 15 have been serving at Ulipuram Village, Gangavalli (Tk), Salem -636 113.

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W.P.No.12001 of 2023

Venkatraman, S/o Chinnusamy,

Kannan, S/o Chinnusamy,

Chinnusamy, S/o Narayanan (a) Perumal,

Lakshmi, W/o Chinnusamy,

Vennila, W/o Venkatraman,

Seetha, W/o Kannan, 22. Seenu (a) Seenivasan, S/o Venkatraman

Selvam, S/o Venkatraman, 16 to 23 have been residing at No 8/255-A, Mukkai Kadu, Mettu Street, Ulipuram, Ganngavalli (TK), Salem- 636118.

Chandiran, S/o Vengadasalam,

Selvi (a) Tamil Selvi, W/o Chandiran, 24 & 25 have been residing at Sappathi Kadu, Mettu Street South, Ulipuram, Gangavalli (Tk), Salem, 636 118.

Palanivel, S/o Veeran, Mettu Street,Ulipuram, Gangavalli (Tk), Salem 636 118.

https://www.mhc.tn.gov.in/judis

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W.P.No.12001 of 2023

Periyasaray, S/o Ramasamy,

Ramesh, S/o Periyasamy,

Nithiesh, S/o Ramesh, 27 to 29 have been residing at Saraswathi School (Opp), Mettu Street North, Ulipuram, Gangavalli (Tk),Salem, 636 118,

Raju, S/o Varathan,

Pichchammal, W/oRaju,

Sanjaikumar, S/o Periyasamy 30 to 32 have been residing at Mettu Street South, Ulipuram, Gangavalli (Tk), Salem, 636 118. ... Respondents

Writ Petition has been filed under Article 226 of the Constitution of India, praying t o issue Writ of Mandamus, directing the 4^th Respondent to conduct an enquiry on the Petitioner's representation related to the above said Respondents 6 and 8 to 15 misuse their official power and conducting the Kangaroo Court colluded with the other Respondents herein while pending / the order in C.M.P.No.214/2022 passed by the Learned Judicial Magistrate Court No.II at Attur on 04/01/2022, to the above said 8^th respondent who directed to register the first information report on the Petitioner's complaint dated 08/10/2021 in accordance with law and conducting the proceedings by affording of personal hearings of the parties on the Petitioner's Representation dated 03/02/2023 and the same submit the Enquiry Report before this

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W.P.No.12001 of 2023

Honorable Court.

For Petitioner : Mr.D.R.Ashok Kumar For R1 to R3 & R5: Mr.R.Vinothraja, Govt. Advocate (Crl.Side) For R4 : Mr.P.Balathandayutham, Spl.G.P

O R D E R

The petition has been filed for direction, directing the 4^th Respondent to conduct an enquiry on the Petitioner's representation related to the above said Respondents 6 and 8 to 15 misuse their official power and conducting the Kangaroo Court colluded with the other Respondents herein while pending / the order in C.M.P.No.214/2022 passed by the Learned Judicial Magistrate Court No.II, Attur on 04/01/2022, to the above said 8^th respondent who directed to register the first information report on the Petitioner's complaint dated 08/10/2021 in accordance with law and conducting the proceedings by affording of personal hearings of the parties on the Petitioner's Representation dated 03/02/2023 and the same submit the Enquiry Report.

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W.P.No.12001 of 2023

2. On instructions, Mr.R.Vinothraja, Learned Government

Advocate (Crl.Side) for the respondents police submits that the Inspector of Police, Thambampatti Police Station has received the complaint and registered the F.I.R in Crime No.85 of 2022. After completion of investigation, the case was closed as mistake of fact. Thereafter, referred charge sheet notice was also served to the petitioner and the closure report was filed before the Judicial Magistrate No.II, Attur, Salem District.

3. Therefore, the direction sought in this petition cannot be granted and hence, it is liable to be dismissed.

4. In view of the above, this Writ Petition is dismissed. No costs.

Consequently, connected Miscellaneous Petition is closed.

14.02.2025

Index : Yes/No. Neutral Citation : Yes/No. bsm

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W.P.No.12001 of 2023

To,

The Home Secretary, The Secretariat, Saint George Fort, Chennai-600 009.

The Director General of Police, Dr.Radhaknshnan Salai, Mylapur, Chennai-4.

The Inspector-General of Police, Race Course Road, Race Course, Coimbatore.

The District Collector, The District Collector Complex, Salem, SaIem-636 001.

The Superintendent of Police, District Police Office, Neththi Medu, Salem, Salem-636 002.

Ramachandran, The Deputy Superintendent of Police, The Deputy Superintendent of Police Office Attur, Salem-636 105.

The Inspector of Police, Anti-Land Grabbing Special Cell, District Police Office. Nethimedu, Salem 636 102.

https://www.mhc.tn.gov.in/judis

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W.P.No.12001 of 2023

G.K.ILANTHIRAIYAN,J.

bsm

W.P.No.12001 of 2023

14.02.2025

https://www.mhc.tn.gov.in/judis

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