M AMMASI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the Writ Petition is for a Writ of Mandamus directing the respondents to register a case in respect of the murder of one Mr. Munusami on 11. 11. 2004 and transfer the case to CBCID for investigation.

(2.) THE factual matrix as culled out from the affidavit filed in support of the Writ Petition are as under:-

(3.) IN the counter affidavit filed by the third Respondent, it was stated that the deceased Munusami was in the habit of giving unnecessary troubles, by sending false Petitions to various authorities against higher officials including the Collector and the Superintendent of Police. The allegation regarding the alleged murder were all denied. It was further stated that during the year 2002, there were 17 cases of suspicious death which were registered under Section 174 Cr. P. C and all the deceased were identified. Similarly, the death of Mr. Saravanan was also investigated. The said case was not a murder, as the Doctor who conducted postmortem has opined that the deceased was hit by a moving automobile vehicle and the case was ultimately referred as "undetected". It was also projected in the counter that the deceased Munusami was having illicit affair with another lady which resulted in his marriage with the said lady and a child was also born in the said marriage and as such, the petitioner was in inimical terms with the deceased and as such, there was no iota of truth in the grievance of the petitioner.