S.M.A.Pon Gandhimathinathan v. The State of Tamil Nadu

ORDER (Order of the Court was made by R.SURESH KUMAR, J.) In fact, WMP(MD)No.21836 of 2025 also has come today along with the main writ petition. In the WMP, extension of time of one month was sought for to comply the order passed by the earlier Division Bench dated 05.08.2025, where the following direction has been given: ''5. Considering the fact that there is

serious

allegations

against

the investigating officer of CBCID Police Wing, we are inclined to direct the investigating team

to

complete

the

investigation effectively in all respects and file a final report within a period of two months as per their own undertaking and inform the same before this Court.

¶6Post the matter after eight (8) weeks.''

¶2Mr.Ajmal Khan, learned Additional Advocate General appearing for the State on instructions would submit that pursuant to the direction given by the Division Bench dated 05.08.2025, the investigating agency having completed the investigation, has filed the final report on 04.11.2025 which has been taken on file in S.C.No.120 of 2025 on the file of Additional Sessions Court-II, Palayamkottai.

¶3Therefore, the major portion of the prayer sought for in the main writ petition itself having been accomplished by the petitioner, the writ petition itself can be taken up and disposed of accordingly.

¶4We have heard Mr.I.Pinaygash, learned counsel for the writ petitioner also who would submit that it is not only the Mandamus portion to entrust the investigation to the CBCID which has been accomplished now, but also seeks for second limb of the prayer under which direction sought for to enact separate Special Act to prevent honor killings by considering the representation of the writ petitioner dated

31.07.2025.

¶5Insofar as the second part of the prayer is concerned, making a special legislation is the domain of the Legislature for which no direction could be given by the Court.

¶6Even in this regard, Mr.Ajmal Khan, learned Additional Advocate General has brought to our notice that the Government thinking in the line to have a separate legislation, has already appointed a former Judge of this Court to file a report with regard to the recommendation and nitty-gritty of such legislation to be made and its feasibility.

¶7In view of the same, it is for the Government to take a call as to whether there must be a separate legislation to prevent honor killings in this State and in this regard except observing or recording the above stated statement made by the learned Additional Advocate General appearing for the State, we are not in a position to give any direction by way of Mandamus to the State to bring a legislation.

¶8As the main portion of the prayer already been accomplished where the investigation having been completed and the charge sheet has been field which has been taken on file in S.C.No.120/2025 on the file of Additional Sessions Court-II, Palayamkottai, having accomplished the prayer, no further adjudication is required in the main writ petition itself, we are inclined to dispose of the writ petition recording of the aforesaid factual matrix. However, there is no order as to costs.

¶9It is also brought to our notice by Mr.Ajmal Khan, learned Additional Advocate General that one of the prayers sought for by the petitioner to give adequate compensation to the victim arising out of the honor killings, even in that respect, having calculated the compensation under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, that amount also had been paid to the victim. That statement made by the learned Additional Advocate General is taken on record. Consequently, connected miscellaneous petitions are closed. [R.S.K., J.] & [P.V.M., J.]

16.04.2026 Index : Yes / No : Yes / No bala To

¶1The Chief Secretary, State of Tamil Nadu, The Secretariat, St. George Fort, Chennai - 09.

¶2The Home Secretary, State of Tamil Nadu, Department of Home, Secretariat, St.George Fort, Chennai - 09.

¶3The Director General of Police, O/o. Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004.

¶4The Superintendent of Police, O/o. Superintendent of Police, CBCID, Pantheon Salai, Egmore, Chennai - 600 008.

¶5The District Collector, Collectorate, Tirunelveli District - 628 101.

¶6The Commissioner of Police, O/o. the Commissioner of Police, Tirunelveli City - 627 007. R.SURESH KUMAR

, J.

AND

P.VADAMALAI, J. bala

¶7The Deputy Commissioner of Police, O/o. Deputy Commissioner of Police, Tirunelveli West, Tirunelveli City - 627 011.

¶8The Inspector of Police, Palayamkottai Police Station, Tirunelveli City - 627 002. (Crime No.396/2025).

16.04.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 16.04.2026 CORAM THE HONOURABLE MR. JUSTICE R.SURESH KUMAR and THE HONOURABLE MR. JUSTICE P.VADAMALAI in WMP(MD)Nos.16531 and 21836 of 2025 S.M.A.Pon Gandhimathinathan ... Petitioner vs. 1. The State of Tamil Nadu, Represented by the Chief Secretary, The Secretariat, St. George Fort, Chennai - 09. 2. The State of Tamil Nadu, Represented by the Home Secretary, Department of Home, Secretariat, St.George Fort, Chennai - 09. 3. The Director General of Police, O/o. Director General of Police, Kamarajar Salai, Mylapore, Chennai - 600 004. 4. The Superintendent of Police, O/o. Superintendent of Police, CBCID, Pantheon Salai, Egmore, Chennai - 600 008. 5. The District Collector, Collectorate, Tirunelveli District - 628 101. 6. The Commissioner of Police, O/o. the Commissioner of Police, Tirunelveli City - 627 007. 7. The Deputy Commissioner of Police, O/o. Deputy Commissioner of Police, Tirunelveli West, Tirunelveli City - 627 011. 8. The Inspector of Police, Palayamkottai Police Station, Tirunelveli City - 627 002. (Crime No.396/2025). ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to issue a direction directing the respondent Nos. 1 and 2 to conduct CBCID investigation under the monitoring of the Honble District Judge of Tirunelveli District for the gruesome Honour Killing Murder Case in Crime No.396 of 2025 dated 27.07.2025 on the file of the 8th respondent / Palayamkottai Police Station and provide adequate compensation of Rs.50,00,000/- (Fifty Lakhs Rupees only) under the SC/ST (Prevention of Atrocities) Rules, 1995 and consequently to enact separate Special Act to prevent Honour Killing by considering the petitioners representation dated 31.07.2025. For Petitioner : Mr.I.Pinaygash For Respondents : Mr.M.Ajmal Khan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader