W.P.No.15733 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2022
CORAM
THE HON'BLE Dr.JUSTICE G.JAYACHANDRAN
W.P.No.15733 of 2019
and
W.M.P.Nos.15582, 15583 of 2019 & 23860 of 2022
E.Veerarajendran
...Petitioner
-Vs.-
1.The Government of Tamil Nadu,
Rep. by its Home Secretary,
Secretariat, Chennai - 600 009.
2.K.Balamurugan,
Passport Officer,
W.B.Road,
Trichy - 620 008.
3.G.Dharmarajan,
The Superintendent of Police,
Thanjavur District,
Thanjavur - 613 010
4.N.Subbaian,
The District Collector,
Thanjavur District,
Thanjavur - 613 010
https://www.mhc.tn.gov.in/judis
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W.P.No.15733 of 2019
5.S.Elambaruthi
Additional Superintendent of Police,
District Police Office,
Thanjavur - 613 010
6.A.C.Chellapandiyan,
Deputy Superintendent of Police,
Pattukkottai - 614 602,
Thanjavur District
7.P.Jagadeeswaran,
Inspector of Police,
Pattukkottai Town Police Station,
Pattukkottai-614 602,
Thanjavur District.
.. Respondents
Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, seeking direction for judicial
enquiry by appointing Principle District and Sessions Judge, Thanjavur
to find the facts and circumstances leading to false cases booked against
the petitioner and the illegal detention order and to grant compensation
of Rs.20 Lakhs and to provide adequate protection to live peacefully to
secure the ends of justice.
For Petitioner : Mr.E.Veerarajendran (Party-in-person)
For Respondents: Mr.N.S.Suganthan,
Government Advocate (Criminal side),
for R1
Mr.Venkataswamy Babu, for R2
*****
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W.P.No.15733 of 2019
ORDER
This Writ Petition has been filed seeking a direction for judicial enquiry by appointing the learned Principle District and Sessions Judge, Thanjavur, to find the facts and circumstances leading to false cases booked against the petitioner and the illegal detention order and to grant a compensation of Rs.20 Lakhs and to provide adequate protection for the petitioner.
2. Heard the petitioner, who is appeared as a party-in-person and the learned counsel for the respondents.
3. This petitioner claims to be a former VAO and a public spirited person. His allegation is that the persons, who have been aggrieved by his social activity had foisted several criminal complaints against him and harassed him by prosecutions to an extend of branding him as a Gunda and detained him under Act 14 of 1982, which was later quashed. https://www.mhc.tn.gov.in/judis 3/8 W.P.No.15733 of 2019
4. In this writ petition he has sought for an independent enquiry by a learned District Judge and also a compensation of Rs.20,00,000/-. While the matter is pending, an other application has been filed seeking amendment of his prayer to the effect that instead of enquiry by the Judicial Officer, the case must be enquired by Home Secretary of Tamil Nadu Government or by any other independent agencies, to investigate the larger conspiracy entered by the respondents including the All India Service Officer and others. The petitioner herein has equated himself to the ISRO Scientist Nambi Narayanan and had sought for the above said relief.
5. The learned Government Advocate (Criminal side) appearing for the respondents submitted that the cases against this petitioner were registered and investigated by the respective Agency in accordance with law and he was tried as per the procedure established under law. The Courts have dealt with the case in accordance with law and has rendered justice. In some case he was acquitted, in some cases he was convicted and latter on appeal, he got acquittal and few more cases are still pending against him. Under Article 226 of the Constitution of India, the relief of https://www.mhc.tn.gov.in/judis 4/8 W.P.No.15733 of 2019 this nature cannot be entertained. The petitioner has filed this petition with an ulterior motive to prompt action against him for his criminal activities.
6. This Court after giving anxious consideration to the submissions made by the party-in-person and the document annexed, finds that the petitioner herein, under the garb of public interest litigant, had exceeded the spirit and had committed certain violations of law, which has fallen under the scanner of law enforcing agent, which has lead to registration of complaint and trial. He had been prosecuted for various offences and tried before various Courts. As petitioner himself has stated once he was even detained under Act 14 of 1982, these are all individual facts, which has been dealt individually by the respective Courts in the manner known to law.
7. Therefore, the petitioner cannot seek the indulgence of this Court to issue direction to the Chief Secretary or any Judicial Officer to consider the petitions and to pay compensation. The judgments referred by the petitioner including one of the judgment rendered by this Court in https://www.mhc.tn.gov.in/judis 5/8 W.P.No.15733 of 2019 the case of custodial torture and the judgment of Hon'ble Supreme Court in Nambi Narayanan case have no relevance to the facts and allegations made by the petitioner.
8. In view of the above, this Writ Petition is dismissed. Being filed this frivolous writ as party in person, this Court is not inclined to impose any cost for abusing the law. Consequently, the connected miscellaneous petitions are also closed.
15.09.2022 Speaking/Non-speaking order Index: Yes/No Internet : Yes/No nsa https://www.mhc.tn.gov.in/judis 6/8 W.P.No.15733 of 2019 To
1.The Government of Tamil Nadu, Rep. by its Home Secretary, Secretariat, Chennai - 600 009.
2.K.Balamurugan, Passport Officer, W.B.Road, Trichy - 620 008.
3.G.Dharmarajan, The Superintendent of Police, Thanjavur District, Thanjavur - 613 010
4.N.Subbaian, The District Collector, Thanjavur District, Thanjavur - 613 010
5.S.Elambaruthi Additional Superintendent of Police, District Police Office, Thanjavur - 613 010
6.A.C.Chellapandiyan, Deputy Superintendent of Police, Pattukkottai - 614 602, Thanjavur District
7.P.Jagadeeswaran, Inspector of Police, Pattukkottai Town Police Station, Pattukkottai-614 602, Thanjavur District.
https://www.mhc.tn.gov.in/judis 7/8 W.P.No.15733 of 2019 Dr.G.JAYACHANDRAN.J., nsa W.P.No.15733 of 2019 and W.M.P.Nos.15582, 15583 of 2019 & 23860 of 2022 15.09.2022 https://www.mhc.tn.gov.in/judis 8/8