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  1. Home/
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  4. 2024/
  5. February

Sundari, vs. the Secretary

Decided on 29 February 2024• Citation: WP(MD)/20451/2018• Madras High Court
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                                                        W.P(MD)No.20451 of 2018   
              BEFORE   THE MADURAI   BENCH  OF  MADRAS  HIGH  COURT               
                                DATED  : 29.02.2024                               
                                     CORAM   :                                    
           THE HONOURABLE   MR.SANJAY   V.GANGAPURWALA,   CHIEF  JUSTICE          
                                        and                                       
                     THE HONOURABLE   MR.JUSTICE   P.DHANABAL                     
                             W.P(MD)No.20451   of 2018                            
                                        and                                       
                            W.M.P(MD)No.18197   of 2018                           
          Sundari                                      ... Petitioner             
                                        Vs.                                       
          1.The Secretary                                                         
            Department of Home Affairs,                                           
            State of Tamil Nadu,                                                  
            Fort St. George,                                                      
            Chennai.                                                              
          2.The District Collector,                                               
            Collectorate,                                                         
            Tirunelveli.                                                          
          3.The Inspector of Police                                               
            Koodankulam  Police Station,                                          
            Tirunelveli District.                                                 
          ____________                                                            
  https://www.mhc.tn.gov.in/judis                                                 
          Page 1 of 6                                                             

                                                        W.P(MD)No.20451 of 2018   
          4.The Inspector of Police                                               
            Pazhavoor Police Station,                                             
            Tirunelveli District.                                                 
          5.The Inspector of Police                                               
            Radhapuram  Police Station,                                           
            Tirunelveli District.                      ... Respondents            
               PRAYER  : Petition filed under Article 226 of the Constitution of  
          India, to issue a Writ of Mandamus directing the respondents to setup   
          a Special Court either at Koodankulam or at idinthakarai to try the     
          cases  which  were  lodged against the  villageers regarding the        
          Koodankulam  Nuclear Power Project agitations in P.R.C.No.38/14 in      
          Crime  No.225/11,  C.C.No.363/14  in Crime  No.296/11,  C.C.No.         
          327/14 in Crime No.302/11, C.C.No.326/14 in Crime No.303/11, C.C.       
          No.324/14 in Crime No.309/11, C.C.No.360/14 in Crime No.158/12,         
          P.R.C.No.39/14 in Crime No.164/12,  P.R.C.No.31/14 in Crime No.         
          165/12, P.R.C.No.40/14 in Crime No.175/12, C.C.No.367/15 in Crime       
          No.188/12, C.C.No.368/15  in Crime No.189/12,  C.C.No.361/14 in         
          Crime  No.194/12,  P.R.C.No.29/14 in Crime  No.216/12,  C.C.No.         
          362/14  in Crime No.261/12,  C.C.No.366/15 in Crime  No.280/12,         
          C.C.No.364/14  in Crime No.304/12, P.R.C.No.41/14 in Crime  No.         
          330/12,  P.R.C.No.42/14 in Crime  No.331/12,  P.R.C.No.43/14 in         
          ____________                                                            
  https://www.mhc.tn.gov.in/judis                                                 
          Page 2 of 6                                                             

                                                        W.P(MD)No.20451 of 2018   
          Crime  No.334/12, P.R.C.No.45/14 in Crime  No.340/12, P.R.C.No.         
          49/14  in Crime  No.349/12, P.R.C.No.30/14 in Crime  No.352/12,         
          P.R.C.No.369/15 in Crime No.362/12, P.R.C.No.44/14 in Crime No.         
          369/12, C.C.No.365/14 in Crime No.371/11, C.C.No.366/14 in Crime        
          No.404/12,  C.C.No.367/14 in Crime  No.39/13, C.C.No.368/14  in         
          Crime No.97/13, C.C.No.369/14 in Crime No.98/13, P.R.C.No.32/14         
          in Crime No.126/13, P.R.C.No.46/14 in Crime No.191/13, P.R.C.No.        
          47/14  in Crime  No.192/13, P.R.C.No.48/14 in Crime  No.193/13,         
          P.R.C.No.33/14 in Crime No.219/13, P.R.C.No.325/14 in Crime No.         
          252/13  which are pending before the learned Judicial Magistrate,       
          Vallioor and S.C.No.96/15 in Crime  No.238/13,  S.C.No.97/15 in         
          Crime  No.239/13  on the  file of the learned Subordinate Court,        
          Vallioor.                                                               
                  For Petitioner : Mr.S.Rajasekar                                 
                                   for M/s.Lajapathy Roy & Associates             
                  For Respondents : Mr.P.Thilak Kumar – for R1 & R2               
                                   Government Pleader                             
                                   Mr.T.Senthil Kumar – for R3 to R5              
                                    Additional Public Prosecutor                  
          ____________                                                            
  https://www.mhc.tn.gov.in/judis                                                 
          Page 3 of 6                                                             

                                                        W.P(MD)No.20451 of 2018   
                                     O R D E R                                    
             [Order of the Court was made by The Hon'ble CHIEF JUSTICE]           
                    We  have heard Mr.S.Rajasekar, learned counsel for the        
          petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing     
          for the respondents  1 and  2  and  Mr.T.Senthil Kumar, learned         
          Additional Public prosecutor appearing for the respondents 3 to 5.      
                    2. The learned Additional Public Prosecutor submits that      
          many  of the cases that have been referred to, have been disposed of.   
          There are only 90 cases pending and in that, charge sheets are also     
          filed and the same would also be proceeded with.                        
                    3. In view of the above, the Writ Petition is disposed of     
          No costs. Consequently, connected miscellaneous petition is closed.     
                                     [S.V.G., C.J.]          [P.D.B., J.]         
                                                  29.02.2024                      
          Index          : Yes / No                                               
          Neutral Citation : Yes / No                                             
          RM                                                                      
          ____________                                                            
  https://www.mhc.tn.gov.in/judis                                                 
          Page 4 of 6                                                             

                                                        W.P(MD)No.20451 of 2018   
          To                                                                      
          1.The Secretary                                                         
            Department of Home Affairs,                                           
            State of Tamil Nadu,                                                  
            Fort St. George,                                                      
            Chennai.                                                              
          2.The District Collector,                                               
            Collectorate,                                                         
            Tirunelveli.                                                          
          3.The Inspector of Police                                               
            Koodankulam  Police Station,                                          
            Tirunelveli District.                                                 
          4.The Inspector of Police                                               
            Pazhavoor Police Station,                                             
            Tirunelveli District.                                                 
          5.The Inspector of Police                                               
            Radhapuram  Police Station,                                           
            Tirunelveli District.                                                 
          ____________                                                            
  https://www.mhc.tn.gov.in/judis                                                 
          Page 5 of 6                                                             

                                                        W.P(MD)No.20451 of 2018   
                                       THE  HONOURABLE    CHIEF  JUSTICE          
                                                                     and          
                                                          P.DHANABAL,  J .        
                                                                      RM          
                                                W.P(MD)No.20451   of 2018         
                                                              29.02.2024          
          ____________                                                            
  https://www.mhc.tn.gov.in/judis                                                 
          Page 6 of 6