Disposed¶46

M.Manian v. State of Tamilnadu

Madras HC2 Sept 2025WP/20690/2007

Case brief

AI extract

What is this about?

Madras HC; WP No. 20690 of 2007; M. Dhandapani J.; 02-09-2025; encounter killing; Manalmedu Sankar; Old Kandarvakottai; Pudukottai; judicial custody death; FIR under s. 302 IPC sought; CBI investigation sought; compensation sought; private complaint; liberty to file application under Criminal Procedure Code; disposed; no costs; State of Tamil Nadu Home Department; Anti Rowdy Cell Trichy; Article 226 writ petition.

What did the court decide?

Liberty to the petitioner to file an appropriate application before the appropriate Court under the provisions of the Criminal Procedure Code in the manner known to law to have his grievance redressed; writ petition disposed of with no costs. No direction for FIR registration, CBI investigation, or compensation was issued. ¶46

M.Manian Vs State of Tamilnadu — Murder and Culpable Homicide | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents should be directed to register an FIR under S. 302 IPC in respect of the encounter killing of the petitioner's son Manalmedu Sankar on 5.2.2007 at Old Kandarvakottai, Pudukottai district. +3 more

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Court's answer

None of the substantive prayers (registration of FIR under S. 302 IPC, CBI investigation, or compensation) was addressed or directed by this Court in the order; the petition was dealt with solely on the basis of the petitioner's limited request, with liberty conferred to pursue remedies through an application under the Criminal Procedure Code.

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Ratio / Principle

Acting on the petitioner's limited request, the Court granted the petitioner liberty to file an appropriate application before the appropriate Court under the provisions of the Criminal Procedure Code, in the manner known to law, to have his grievance redressed.

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Key takeaways

With the above directions, the writ petition was disposed of, with no costs.ratio¶46

Detailed headnote1 paragraphs

High Court of Judicature at Madras | WP No. 20690 of 2007 | M. Dhandapani J. | Decided 02-09-2025. Petitioner M. Manian, father of Manalmedu Sankar who was killed in an alleged encounter on the night of 5.2.2007 at Old Kandarvakottai, Pudukottai district (while, per counsel, in judicial custody), sought (i) direction to register an FIR under s. 302 IPC, (ii) CBI investigation by the 16th respondent, and (iii) compensation from the State (1st respondent). In court, counsel sought permission to file a private complaint. The Court, proceeding on the petitioner's limited request, granted liberty to file an appropriate application before the appropriate Court under the provisions of the Criminal Procedure Code and disposed of the writ petition with no costs. No FIR-registration, CBI-investigation or compensation direction was issued.

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WP No. 20690 of 2007

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 02-09-2025

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CORAM

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THE HONOURABLE MR JUSTICE M.DHANDAPANI

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WP No. 20690 of 2007

M.Manian

Petitioner(s)

1. State Of Tamilnadu

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Rep By Its Secretary To Govt., Home Dept., Fort St.George, Chennai 9.

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2.The Director General Of Police DGP Office, Mylapore, Chennai 4.

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3.Thiru Jaffar Sait Inspector General Of Police, Central Zone, Trichy.

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4.The Deputy Inspector General Of Police, Thanjavur.

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5.MURTHY

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Superintendent Of Police, Anti Rowdy Cell, IG Office, Trichy Region, Trichy.

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6.Thiru Velladurai

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Deputy Superintendent Of Police, Anti Rowdy Cel, IG Office, Trichy Region, Trichy.

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

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WP No. 20690 of 2007

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7.Thiru Manicka Vasagam Deputy Superintendent Of Police, Mayiladuthurai, Nagapattinam Dt.

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8.Thiru Jayaraman Inspector Of Police, Pudukottai.

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9.Thiru Senthil Kumar Sub Inspector Of Police, Manalmedu, Nagapattinam Dt.

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10.Thiru Sethumani Madhavan Sub Inspector Of Police, Thanjavur.

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11.Thiru Sachithanandam Inspector Of Police, Myladuthrai Police Station, Nagapattinam Dt.

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12.The Inspector Of Police Kandarvakottai Ps, Kandarvakottai.

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13.The Jail Superintendent Central Jail, Madurai.

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14.Thiru Anandan

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Jailor, Central Prison, Madurai.

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15.The Revenue Divisional Officer Pudukottai.

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16.The Central Bureau Of Investigation,

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Evk Sampath Building, DPI Complex, Chennai 6.

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Respondent(s)

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

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WP No. 20690 of 2007

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PRAYER: This writ petition has been filed under Article 226 of Constitution of India, directing the respondents 1 to register an FIR u/s 302 IPC in the matter of encounter killing of the petitioners son, Manalmedu Sankar on the night of 5.2.2007 at Old Kandarvakottai, Pudukottai district, Tamilnadu and further direct the 16th respondent CBI investigate the encounter killing of petitioners son, Manalmedu Sankar and to direct the 1st respondent to award an appropriate compensation to the petitioner.

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For Petitioner(s): M/S R.SANKARASUBBU For Respondent(s): MRS. S. Anitha, SGP FOR RR1,2,4,12 to 15 RR-3,5, to 11, 16 – No appearance

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ORDER

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The petition has been filed seeking a direction to the respondents 1 to register an FIR u/s 302 IPC in the matter of encounter killing of the petitioners son, Manalmedu Sankar on the night of 5.2.2007 at Old Kandarvakottai, Pudukottai district, Tamilnadu and further direct the 16th respondent CBI to investigate the encounter killing of the petitioner's son, Manalmedu Sankar and to direct the 1st respondent to award an appropriate compensation to the petitioner.

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The learned counsel for the petitioner submitted that this Court may grant permission to file a private complaint before the competent Court for the

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

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WP No. 20690 of 2007

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death of the petitioner's son while he was in judicial custody.

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Though contention as above have been raised, however, in view of the

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limited request sought for by the petitioner that this Court grants liberty the petitioner to file appropriate application before the appropriate Court under the provisions of the Criminal Procedure Code in the manner known to law to have his grievance redressed.

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