The petitioner has filed the above writ petition to issue a writ of Mandamus, directing the respondents to consider his representation dated 19.08.2005 and to take appropriate action and necessary steps to send the pant and shirt seized by the respondents from the body of the petitioner's son for necessary Lab test and DNA test.
2. Heard the submissions of Mrs.S.Vijayalakshmi, learned counsel appearing for the petitioner and Mr.R.Rajeswaran, learned Special Government Pleader appearing for the respondents.
3. The writ petition was filed as early as on 30.08.2005, seeking for issuance of writ of Mandamus. According to the petitioner, the First Information Report was filed on 28.06.2005 and a case was registered in Mayiladurdurai Police Station in Crime No.703 of 2005. If the petitioner's son was murdered, the respondents would have initiated criminal case and the Sessions Court would have taken care of the request made by the petitioner. The petitioner cannot seek for the relief sought for in the writ petition for the reason that it is for the prosecution to establish their case by producing clinching evidence before the Sessions Court. That apart, the learned counsel appearing for the petitioner is not in a position to give any details with regard to the Sessions case.
4. In these circumstances, after a lapse of more than 12 years, I do not find any reason to direct the respondents to send the pant and shirt seized by the respondents from the body of the petitioner's son for Lab test and DNA test.
6. For the reasons stated above, the writ petition stands dismissed. No costs.
14.09.2017 Index:No sk M.DURAISWAMY,J.
sk To
1. The Superintendent of Police, Nagapattinam District.
2. The Inspector of Police, All Women Police Station, Mayiladuthurai, Nagapattinam District.
3. The Inspector of Police, Law & Order Mayiladuthurai Town Police Station, Nagapattinam District.
WP.No.28103 of 2005 25 14.09.2017