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2025 DAILYLAW 8831 (MAD)

R.RAMESH v. The State rep by its Secretary Home Department

WP Crl./1288/2025 · 2026-07-14

G K Ilanthiraiyan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.Crl.No.1288 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.07.2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN W.P.Crl.No.1288 of 2025 R.Ramesh … Petitioner vs. 1.State Rep. by its Secretary Home Department St. George Fort, Chennai. 2.Director General of Police, State of Tamil Nadu, Mylapore, Chennai. 3.Inspector General of Police, St. Thomas Mount, Chennai. 4.Superintendent of Police, Tiruvallur, Tiruvallur District. 5.Inspector of Police, Kanakamma Chatram Police Station, Tiruvallur District. … Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to set aside the order passed by the 4th Respondent herein vide Na.Ka.No.G3/306/11227615/2025 dated 02.09.2025, and consequently to 1/7 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1288 of 2025 transfer the case to CB-CID, Chennai and conduct the enquiry based on his complaint dated 24.07.2025. For Petitioner : Mr.N.Baaskaran For Respondents : Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side) O R D E R This Writ Petition has been filed to set aside the order passed by the 4th Respondent herein vide Na.Ka.No.G3/306/11227615/2025 dated 02.09.2025 and consequently, to transfer the case to CB-CID, Chennai and conduct the enquiry based on his complaint dated 24.07.2025. 2. Heard the learned counsel appearing on either side and perused the materials available on record. 3. The petitioner’s brother was murdered by the anti-social elements in their Village. They formulated in groups and smuggled sand at Kothasthalai Riverbed illegally and transported the same at large sale. While being so, the petitioner’s brother (deceased) had purchased the land in Arumbakkam Village. Thereafter, one Venkatesan has fabricated the Sale Deed in respect of very same land and quarrelled with his brother. In that regard, already a case was also registered in Crime No.639 of 2023 on the 2/7 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1288 of 2025 file of the Kanakama Chatram Police Station, the 5th respondent herein. However, the dispute between the petitioner’s brother and said Venkatesan, is civil in nature, as such the 5th respondent has referred the issue on the file of the Revenue Divisional Officer, Tiruttani. The Revenue Divisional Officer, Tiruttani found that the Sale Deed executed in favour of the petitioner’s brother is genuine. Thereafter, the petitioner’s brother submitted an application to survey the said land and it was also surveyed. However, the adjacent land owners objected the Surveyor to survey the petitioner’s brother land. 4. In this regard, the petitioner’s brother has approached this Court by way of filing a writ petition in W.P.No.19472 of 2024 and as directed by this Court in the said writ petition, the petitioner’s brother land was surveyed. While being so, the said Venkatesan on 20.06.2025 and his son along with other anti-social elements had removed the boundary stone laid by the Revenue Authorities and threatened the petitioner’s brother that they will do away his life, if he continues to possess the said land. 5. Immediately, the petitioner’s brother lodged a complaint on 20.06.2025 on the file of the 5th respondent-police. Next day also, he lodged 3/7 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1288 of 2025 another complaint before the 4th respondent. However, there was no action taken by the Police Officials as against the offenders. While being so, on 23.06.2025, the petitioner’s brother was murdered by the said Venkatesan and others and FIR has been registered in Crime No.41 of 2025 for the offences punishable under Sections 103(1), 61(2) read with 3(5) of BNSS. The accused are habitual offenders and they are facing so many charges. Therefore, the petitioner lodged complaint alleging that the petitioner brother’s complaint was not taken into consideration and conducted enquiry. If the Police Officials took proper action as against them, the petitioner’s brother would not have murdered by the accused. On receipt of the said complaint, the enquiry was conducted and closed the complaint for the reason that only because of the petitioner’s repeated complaint and his insistence, his brother was murdered. Thereafter, the complaint was closed. 6. On perusal of the records and also on the submission made by the learned counsel appearing for either side, it is revealed that the petitioner’s brother was murdered by the accused. In fact, the petitioner’s brother lodged a complaint as early as 20.06.2025 itself as against the accused persons. However, the 5th respondent did not take any action on the complaint. Thereafter, on 23.06.2025, the petitioner’s brother was murdered by the very 4/7 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1288 of 2025 same accused. That apart, the accused persons are facing several cases, apart from the murder case and another case lodged by the petitioner and his brother. Now, the accused are facing trial in the murder case before the Trial Court in the State of Andhra Pradesh. In view of the above, the closure report submitted by the 4th respondent dated 02.09.2025 is liable to be set aside and accordingly, it is set aside. 7. On the complaint lodged by the petitioner, the 3rd respondent is directed to appoint a Special Investigation Officer, not below the rank of Deputy Superintendent of Police and directed to conduct an enquiry and submit a report before the 4th respondent. On receipt of the said report, the 4th respondent is directed to take appropriate action as against the accused, in accordance with law. 8. With the above directions, the Writ Petition (Criminal) is allowed. No costs. 14.07.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dm 5/7 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1288 of 2025 To 1.Secretary Home Department St. George Fort, Chennai. 2.Director General of Police, State of Tamil Nadu, Mylapore, Chennai. 3.Inspector General of Police, St. Thomas Mount, Chennai. 4.Superintendent of Police, Tiruvallur, Tiruvallur District. 5.Inspector of Police, Kanakamma Chatram Police Station, Tiruvallur District. 6.The Public Prosecutor, High Court of Madras, Chennai. 6/7 https://www.mhc.tn.gov.in/judis W.P.Crl.No.1288 of 2025 G.K. ILANTHIRAIYAN , J. dm W.P.Crl.No.1288 of 2025 14.07.2026 7/7 https://www.mhc.tn.gov.in/judis