W.P(MD).No.9009 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM

W.P(MD).No.9009 of 2022

Mahalakshmi

... Petitioner

Vs

1. The Superintendent of Police,

District Superintendent of Police Office,

Tenkasi District, Tenkasi.

2. The Deputy Superintendent Of Police,

Sankarankovil, Tenkasi District.

3. The Inspector of Police,

Sankarankovil Town Police Station,

Tenkasi District.

4. The Inspector of Police,

Rajapalam Police Station,

Viruthunagar District.

... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution

of India, praying this Court to issue a Writ of Mandamus,

directing the respondent Nos.1 to 4 to preserve the CCTV Footage

recorded on 06.04.2022 and 07.04.2022 at the Venkateswara Clinic,

Selvam Tea stall, One Kumaran Sweets store, Anandham Cloth Store,

Aanda Jewellers, based on the petitioner's representation, dated

23.04.2022, within a stipulated time that may be fixed by this

Court.

For Petitioner : M/s. Karunanidhi .R

For Respondent

: Mr.M.Sakthi Kumar

Government Advocate (Crl.Side)

ORDER

This Writ Petition has been filed in the nature of Mandamus,

seeking a direction to respondents 1 to 4 to preserve the CCTV

Footage recorded on 06.04.2022 and 07.04.2022 at the Venkateswara

Clinic, Selvam Tea stall, One Kumaran Sweets store, Anandham Cloth

Store, Aanda Jewellers, based on the petitioner's representation,

dated 23.04.2022.

2.The learned Counsel appearing for the petitioner submitted

that the petitioner had purchased a second hand car bearing

Registration No.TN 45 AF 9145, from the Kaleeswari Finance. On

1/3

https://hcservices.ecourts.gov.in/hcservices/

W.P(MD).No.9009 of 2022

05.04.2022, one Karthick, who is a friend of the petitioner,

borrowed the petitioner's car and also returned it on the same day.

Again, the said Karthick has taken the car by using fake car key,

without her permission. After that, the petitioner has taken the

car in her custody. Then, one Selvam, who is the Sub Inspector of

Police informed her that Karthick has lodged a complaint against her

and asked her to hand over the car key. Subsequently, she gave the

car key to the said Sub Inspector of Police. On 06.04.2022, the

police officials attached to the Kellarajakularaman Police Station,

forcibly taken the petitioner to Sankarankovil Bus stand and kept

her in their illegal custody, harassed her and asked the car. In the

said bus stand, Venkateswara Clinic and Selvam Tea Stall are

situated and the buildings are installed with CCTV camera. Hence,

her presence may be recorded in the said CCTV cameras. Further, he

stated that they dropped her at Gandhi Statue, Rajapalayam, where

One Kumaran Sweets Store, Anandham Cloth Store and Aandal Jewelers

are situated and the buildings are also installed with CCTV cameras.

Hence, the petitioner sent a representation to the respondents and

requested to initiate legal action against the police officials, who

harassed her. But, till now no action has been taken. Thereafter,

the petitioner has requested the owners of the above said buildings,

but, they informed that the CCTV Footages will be provided only on

the request of the police officials. He further submitted that the

respondents 1 to 4 may be directed to preserve the CCTV Footages,

which are recorded on 06.04.2022 and 07.04.2022 at the above said

premises, based on the petitioner's representation, dated

23.04.2022. Further he stated that the CCTV Footages are very

important to prove the case and also apprehends that the footages

recorded may be destroyed.

3.The learned Government Advocate (Crl.Side) appearing for the

respondents also admitted that there are CCTV footages, which are

recorded on 06.04.2022 and 07.04.2022..

4.Considering the importance of the CCTV footage to adjudicate

the issue involved in this case, the respond