N.Kavitha v. The State of Tamilnadu Rep by the Secretary to Government, Home Department

ORDER This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents 1 to 5 (i) to conduct the postmortem examination only through an independent medical board consisting of not less than three senior forensic medicine experts (ii) to conduct and complete the entire postmortem examination under continuous videography from commencement till completion and preserve the original video recording by considering the representation of the petitioner dated 06.07.2026 (iii) preserve the CCTV footage of the 6th respondent police station from 04.07.2026 to 06.07.2026.

¶2The petitioner has a son namely Seemairaja who was working as a labourer and unfortunately was involved in some criminal acts. In these circumstances during the night hours of 04.07.2026 the 6th respondent police came to the petitioner's house and asked for the petitioner's son viz., Seemairaja stating that he has committed theft in Melur surroundings and has fled away with his friend Surya. The petitioner said that her son is not in the house. In these circumstances on 06.07.2026 at around 9.00 a.m, the 6th respondent police called and informed the petitioner that her son Seemairaja was involved in an motor vehicle

(bike) accident during the early morning hours on 06.07.2026 and passed away on account of sustaining serious head injuries. Later, it is informed by the 6th respondent that the petitioner's son was died and his body was sent to the Government Rajaji Hospital, Madurai.

¶3When the matter came up for admission, the learned counsel for the petitioner submitted that the death of the petitioner's son is suspicious and the petitioner who is the mother of the deceased, suspects high-handedness of police, which may be the cause of the death of her son and sought for the indulgence of this Court.

¶4The learned Senior Counsel categorically contended that such writ petitions are increasing in large numbers in recent times pointing fingers at the conduct of the police department. To curb the same, the Government is fully ready to cooperate with whatever relief which is sought for by the petitioner and if found baseless, severe action is warranted against the petitioner.

¶5However, a careful perusal of the materials placed before me, made it necessary for me to direct the petitioner to frequent to the Government Rajaji Hospital, Madurai, and interact with the injured person namely Surya who was the pillion rider when the said accident was happened, to find out the truth and thereafter posted today(09.07.2026) for reporting.

¶6The learned counsel for the petitioner produced before me a video of the said person where he has spoken about certain suspicious circumstances. In this regard, to further find out the truthfulness of the same, Mr.Vairamuthu, Advocate, Enrl.No.3404/2024, Contact No. 9361224431 and M/s.Guru Priya, Advocate, Enrl.No.4743/2025, Contact No.8678900017, are appointed as amicus curiae, and it is directed that both of them should frequent to the Government Rajaji Hospital, Madurai and meet the said Surya and interact about the manner in which the accident had happened or whether the death was a suspicious death as narrated by the petitioner herein and file a report before this Court on or before 13.07.2026.

¶7This Writ Petition is disposed of, directing to conduct post-mortem of the deceased, following the regular protocol without deviation, however, to conduct the same under continuous videography from the commencement till completion and to preserve the original video recording and also directing to preserve CCTV footage of the 6th respondent police station from 04.07.2026 to 06.07.2026.

¶8For filing report of the amicus curiae, post on 13.07.2026.

09.07.2026 NCC : yes / no Index : yes / no Note : Issue order copy on 09.07.2026 pnn To

¶1The Secretary to Government, Home Department, Secretariat, Chennai - 600 009.

¶2The Director of Medical Education, Kilpauk, Chennai - 600 010.

¶3The District Collector, Madurai, Madurai District.

¶4The Superintendent of Police, Madurai, Madurai District.

¶5The Dean, Government Rajaji Hospital, Madurai.

6.The Inspector of Police, Melur Police Station, Madurai District.

¶7The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ooooooooooooooooooooooooooooooooL.oVICTORIAoGOWRI,J pnn oooooooooooooooooooooooooooooooooooORDER oooooooooooooooooooooooooooooooooooooIN oooooooooooooooooooooooooWPoCRL.(MD)oNo.3769oofo2026 ooooooooooooooooooooooooooooooDateoo:o09/07/2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 09/07/2026 CORAM THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI N.Kavitha ... Petitioner Vs 1. The State of Tamilnadu Rep By The Secretary to Government, Home Department, Secretariat, Chennai - 600 009. 2. The Director of Medical Education, Kilpauk, Chennai - 600 010. 3. The District Collector, Madurai, Madurai District. 4. The Superintendent of Police, Madurai, Madurai District. 5. The Dean, Government Rajaji Hospital, Madurai. 6.The Inspector of Police, Melur Police Station, Madurai District. ... Respondents PRAYER :- To issue a Writ of Mandamus directing the respondents 1 to 5 (i) to conduct the postmortem examination only through an independent medical board consisting of not less than three senior forensic medicine experts (ii) to conduct and complete the entire postmortem examination under continuous videography from commencement till completion and preserve the original video recording by considering the representation of the petitioner dated 06.07.2026 (iii) preserve the CCTV footage of the 6th respondent police station from 04.07.2026 to 06.07.2026. For Petitioner : M/s.K.Uvais Ahamed Khan for A.M.Afrose Nisha, For Respondent : Mr.B.Saravanan Senior Counsel for Mrs.M.R.Priyanka Jothi - for R1, R2, R3 and R5 Government Advocate (Civil Side) : Mr.D.Rajaboopathy - for R4 and R6 Government Advocate (Crl. Side)