BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 06/12/2023 CORAM The Hon'ble Mr.Justice G.ILANGOVAN WP(MD)No.27211 of 2023 Vinothini : Petitioner Vs.

1.The State rep. by its The Superintendent of Police, Theni District.

Theni.

2.The State rep. by its, Inspector of Police, Kumuli Police Station, Theni District. 3.Thirumurugan, Forest Officer, Cudaloor Forest, Lower Camp, Theni District.

4.Pitchai, Forest Officer, Cudaloor Forest, Lower Camp, Theni District. 5.Muralidharan, Forest Officer, Cudaloor Forest, Lower Camp, Theni District.

6.George @ Pennikutti, Kappuvamadai Beat, Conservator of Forest, Cudaloor Forest, Lower Camp, Theni District.

7.Prabhu, Amaravathi Beat, Conservator of Forest, Cudaloor Forest, Lower Camp, Theni District.

8.Suman, Anti-Poaching Guard, Cudallor Forest, Lower Camp, Theni District.

9.Eswaran, Anti-Poaching Guard, Cudaloor Forest, Lower Camp, Theni District.

10.Karthick, Anti-Poaching Guard, Cudaloor Forest, Lower Camp, Theni District.

11.Santhanakumar, Anti-Poaching Guard, Cudaloor Forest, Lower Camp, Theni District. : Respondents PRAYER:-Writ Petition has been filed under Article

226 of the Constitution of India, to issue a writ of Mandamus directing the 2^nd respondent police herein to take necessary action against the respondents 3 to 11 based on the petitioner's complaint, dated 30/10/2023 and pass any other appropriate relief.

For Petitioner : Mr.D.Selvam for Mr.M.Maharaja For R1 and R2 : Mr.Veerakathiravan Additional Advocate General for Mr.M.Sakthi Kumar Government Advocate (Criminal Side)

O R D E R

The writ petition has been filed seeking for direction to the 2^nd respondent police herein to take necessary action against the respondents 3 to 11, based on the petitioner's complaint, dated 30/10/2023.

2.The case of the petitioner is that she is residing with her father Eshwaran(deceased), aged about 51 years, who is a farmer, and he was taking care of former Ex-MLA Chandrashekar's farm land for about five years, which is situated in her village. Knowing the same, some of the Forest Officers namely R3 to R11 sought help from her father (deceased) for planting trees in the forest area. Further, the respondents 3 to 11, while in charge of their duty, used assistance of the petitioners father(deceased), for getting food and accommodation from her village. And day after day, they were in close bonding with each other. While such being so, one day, all the respondents 3 to 11 have consumed alcohol and spoken in foul language to her father(deceased). And her father was completely helpless and aggrieved by their words, her father requested them to stop talking in foul language and said not to seek his help thereafter.

3.From the above incident, the petitioners father stopped talking with the forest officers (R3 to 11), but Thirumurugan and others continually started to trouble the father of the petitioner and demanded to fulfil their daily needs. But he denied it and did not co-operate with the officials. Further more, day after day, all the above mentioned forest officials R3 to R11, got agitated and conspired against the petitioners father and give life threat to him.

4.Based on this previous enmity, on 28.10.2023 at about 9:45 PM, while deceased Eshwaran was watering at OR garden, the forest officer, namely Thirumurugan along with Pichchai, Muralidharan, George @ Ponnikutty, Prabhu, Suman, Eshwaran, Karthik, Santhanakumar forcefully dragged Eshwaran to reserved forest area and shot him to death. So, the petitioner made a written complaint before the respondent police, but neither enquiry was conducted nor FIR was registered till date.

5.The petitioner further submits that FIR in crime number 89 of 2023 dated 29.10.2023 was registered against her deceased father under sections 294(b), 353, 307 of IPC, u/s 25(1)(a) of Arms act, and section 176(1A)(i) of Cr.P.C. On reading the said FIR, it came to know that a baseless allegation as against her father is stated in the said FIR. The contents of that FIR is that on secre