SEKAR Vs. STATE

JUDGEMENT

(1.) This writ petition has been filed to issue a writ of mandamus directing the respondents to exhume the petitioner's brother namely Samikannu @ Saminathan's body for conducting autopsy under the supervision of a team of doctors by considering the petitioner's representation dated 18.01.2018.

(2.) Heard both sides.

(3.) The learned counsel for the petitioner has submitted that the petitioner is practising as an Advocate in Madurai. He further submitted that in the year 1993, the petitioner's brother namely Samikannu @ Saminathan married one Mariammal, who belong to Bommanapatti. He further submitted that out of wedlock, three daughters were born to them and for the past 13 years, the said Samikannu @ Saminathan was residing at his wife's residence viz., Bommanapatti. He further submitted that four years ago, the brother-in-law of the said Samikannu @ Saminathan namely Aathimoolam called the petitioner's sister Rajalakshmi over phone and informed that the said Samikannu @ Saminathan died and immediately, the petitioner's brothers namely Ravikumar and Karuppasamy rushed to Bommanapatti Village and found that Samikannu @ Saminathan was brutally attacked and thrown into bushes. He further submitted that the petitioner's brothers namely Ravikumar and Karuppasamy rescued Samikannu @ Saminathan and admitted him in a private hospital and saved his life and thereafter, his wife made compromise talks and brought him with her to the village.