Madras High Court
Amutha vs The Additional Principal ... on 19 May, 2022
W.A(MD)No.469 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 19.05.2022
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A.(MD)No.469 of 2022
and
C.M.P.(MD)No.4414 of 2022
Amutha ...Appellant
/Vs./
1.The Additional Principal Secretary,
Home Department, Secretariat,
Chennai.
2.The Director General of Police,
Beach Road, Chennai – 4.
3.The Deputy Inspector General of Police,
Ramanathapuram,
Ramanathapuram District.
4.The District Collector,
Ramanathapuram,
Ramanathapuram District.
5.The Superintendent of Police,
Ramanathapuram District,
Ramanathapuram.
1/6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.469 of 2022
6.Kalaivani,
Inspector of Police,
Abiramam Police Station,
Ramanathapuram District. ...Respondents
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying
this Court to set aside the Judgment dated 11.04.2022 passed in
WP(MD)No.5483 of 2022 on the file of this Court and allow the appeal.
For Appellant : Mr.R.Venkateswaran
For R1 to R5 : Ms.D.Farjana Ghoushia
Special Government Pleader
JUDGMENT
[Judgment of the Court was made by ABDUL QUDDHOSE, J.]
This Writ Appeal has been filed challenging the order of the
learned Single Judge of this Court dated 11.04.2022 passed in
WP(MD)No.5483 of 2022, under which, the writ petition filed by the
appellant was dismissed and the learned Single Judge has imposed a cost
of Rs.25,000/- payable by the petitioner to the sixth respondent, who was
in turn, directed to utilize the said amount for providing basic amenities
in the police station, which would be useful for the general public.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.469 of 2022
2.The writ petition has been dismissed on the ground that there is a
delay in lodging the complaint against the respondent police for the
alleged ill-treatment meted out to the petitioner during her custody under
the respondent police. The learned Single Judge of this Court had
dismissed the writ petition on the ground that without any evidence, the
petitioner has given a representation seeking for legal action against the
respondent police for the alleged ill-treatment meted out to the petitioner
during her custody under the respondent police. There seems to be a
quarrel between the petitioner's group and another group, which resulted
in FIR having been registered against them.
3.Insofar as the reasons given by the learned Single Judge of this
Court for dismissing the writ petition is concerned, we do not find any
scope for interference. The learned Single Judge of this Court has rightly
dismissed the writ petition on the ground that the alleged occurrence took
place on 02.03.2022, whereas the representation was given by the
petitioner only on 15.03.2022. The learned Single Judge has also held
that no iota of evidence was produced by the petitioner to prove that the
respondent police had ill-treated the petitioner at the time of her custody
under the respondent police.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.469 of 2022
4.However, while dismissing the writ petition, the learned Single
Judge of this Court has imposed a cost of Rs.25,000/- which, in our
considered view is unwarranted. Therefore, excepting for setting aside
the imposition of the cost of Rs.25,000/- imposed by the learned Single
Judge of this Court under the impugned order, we do not find any scope
for interference with regard to the other observations made in the
impugned order passed by the learned Single Judge of this Court.
Accordingly, this Writ Appeal is disposed of by removing the cost of Rs.
25,000/- imposed by the learned Single Judge of this Court under the
impugned order and insofar as the other observations are concerned, the
same shall stand unaltered. There shall be no order as to costs.
Consequently, connected Miscellaneous Petition is closed.
[A.Q., J.] & [S.S.Y., J.]
19.05.2022
Index:Yes/No
Internet:Yes/No
sm
https://www.mhc.tn.gov.in/judis
W.A(MD)No.469 of 2022
To
1.The Additional Principal Secretary,
Home Department, Secretariat,
Chennai.
2.The Director General of Police,
Beach Road, Chennai – 4.
3.The Deputy Inspector General of Police,
Ramanathapuram,
Ramanathapuram District.
4.The District Collector,
Ramanathapuram,
Ramanathapuram District.
5.The Superintendent of Police,
Ramanathapuram District,
Ramanathapuram.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.469 of 2022
ABDUL QUDDHOSE, J.
AND
S.SRIMATHY, J.
sm
Judgment Made in
W.A(MD)No.469 of 2022
Dated:
19.05.2022
https://www.mhc.tn.gov.in/judis
