2025 Supreme(Online)(MAD) 18137
HIGH COURT OF MADRAS
V.LAKSHMINARAYANAN, J
S.Karthika – Appellant
Versus
The Project Director, National Highways Authority of India – Respondent
W.P.(MD) No.11133 of 2025
For the Appellants/Petitioners: Mr.Sricharan Rangarajan, Senior Counsel, for Mr.V.Jonson Yuvaraj
For the Respondents: Mr.B.Naveen Kumar, for Mr.SU.Srinivasan, Standing Counsel
The court established the process for obtaining evidence through CCTV footage under Article 226, ensuring proper procedural adherence for a writ of mandamus.
Headnote:This judgment involves the issuance of a writ of mandamus under Article 226 of the Constitution of India for the protection and provision of CCTV footage from the Palaya Gandharvakottai Toll Plaza on a specified date and time following an arrest by Narcotics Control Bureau. The petitioner argues that the actual arrest location was misrepresented. The court granted directions for requisitioning the footage and mandates preservation until issuance. Final directives include submitting a requisition by a specified date.
ORDER
The petitioner seeks for the following relief :
''Writ of mandamus, directing the respondents herein to protect and furnish a copy of the CCTV footage recorded at Palaya Gandharvakottai Toll Plaza between 4.00 P.M. and 6.00 P.M. on 13.04.2025 to the petitioner herein.''
2. It is the case of the petitioner that her husband and her siblings were travelling in a Toyota Sedan bearing Registration No.TN51-
BA-0007. They were arrested by the officials belonging to Narcotics Control Bureau, Chennai, on 13.04.2025. The petitioner was informed that the aforesaid persons were intercepted at Melavilakudi, Pudukottai to Madurai Road, Pudukottai District. However, the petitioner pleads that they were actually arrested at Palaya Gandharvakottai Toll Plaza.
3. The petitioner, in order to demonstrate that the arrest was not at Melavilakudi but at the Palaya Gandharvakottai Toll Plaza, gave a representation to the respondents on 16.04.2025, seeking for preservation and to provide the CCTV footages of the Toll Plaza on the aforesaid date between 04.00 P.M. and 06.00 P.M. The petitioner is given to understand that CCTV footages are stored only for a period of one week. As the footages have not been issued, she has come forward with the present Writ Petition. 4. Considering the urgency, I requested Mr.Sricharan Rangarajan, learned Senior Counsel, appearing for Mr.V.Johnson Yuvaraj, to serve papers on Mr.Su.Srinivasan, learned Standing Counsel for National Highways. I also asked him to inform the learned Standing Counsel that the matter would be taken up finally post-lunch.
5. Post-lunch, when the matter was taken up for hearing, Mr.B.Naveen Kumar, representing Mr.Su.Srinivasan, stated that if the petitioner submits a representation to the Project Director, National Highways Authority of India, Karaikudi, Sivagangai District, the CCTV footages will be issued to the petitioner. The said statement is recorded.
6. In view of the above, this Writ Petition is ordered with the following directions :
(1) The petitioner shall make a requisition to the Project Director, National Highways Authority of India, Karaikudi, Sivagangai Disrict, seeking for the CCTV footages, recorded at the Palaya Gandharvakottai Toll Plaza on 13.04.2025 between 04.00 P.M. and 06.00 P.M., by 18.04.2025.
(2) In case any charges have to be paid, the petitioner shall bear the same.
(3) On receipt of the representation, the third respondent -
Project Director, National Highways Authority of India, Karaikudi, Sivagangai District, shall issue the CCTV footages of the Palaya Gandharvakottai Toll Plaza, recorded on 13.04.2025, to the petitioner, for the period commencing from 04.00 P.M. to 06.00 P.M.
(4) The learned Standing Counsel shall inform the third respondent about this order and will direct him to preserve the CCTV footages on 13.04.2025 till the issuance of the same to the writ petitioner.
(5) Parties shall act on the webcopy of this order and shall not wait for a certified copy to be issued.
7. No costs. 17.04.2025 NCC : Yes / No (2/2)
Index : Yes / No Internet : Yes / No dixit Note to Office :
Upload the Order Copy on Website today To:
1 The Project Director, National Highways Authority of India, Sri Towers, 3rd Floor, DP-34 (SP) Industrial Estate, Guindy, Chennai - 600032. 2 The Supervisor, Palaya Gandharvakottai Toll Plaza, NH 36, Thanjavur to Pudukottai Stretch, Tamilnadu - 613301.
3. The Project Director, National Highways Authority of India, Karaikudi, Sivagangai District.
V.LAKSHMINARAYANAN, J.
dixit (2/2)
17.04.2025