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CDJ 2026 MHC 1667 print Preview print print
Court : High Court of Judicature at Madras
Case No : WP CRL. No. 472 of 2025
Judges: THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM & THE HONOURABLE MR. JUSTICE K. SURENDER
Parties : A. Radhakrishnan Versus The Secretary, Ministry of Home Affairs, Government of India, New Delhi & Others
Appearing Advocates : For the Petitioner: M/s. A. Radhakrishnan, Advocate. For the Respondent: P.S. Raman, Advocate General, E. Raj Thilak Additional Public Prosecutor.
Date of Judgment : 06-03-2026
Head Note :-
Constitution of India - Article 226 -

Comparative Citation:
2026 (1) MWN(Cr) 251,
Judgment :-

(Prayer: Writ Petition filed under Article 226 of the Constitution of India directing the respondents 5 to 11 and respondents 14 to 16 to take appropriate action on petitioner representation dated 07.07.2025.)

S.M. Subramaniam, J.

1. Learned Advocate General would submit that enforcement procedures are to be instructed to the police authorities to ensure that the practice of orderly system across the State is completely abolished in tune with the Government policy.

2. District Collectors, on receipt of any information or written complaint, is expected to act swiftly to conduct an enquiry through the officials and initiate appropriate action as per the directives of the Government in its Order. In the event of collusion between the higher officials, it is to be viewed seriously, as such lapses would undoubtedly affect the very administrative functioning across the State, and it is needless to say that enforcement of Government orders and policies are of paramount importance.

3. In the present case, the colonial practise, since abolished long before, in practice it is continuing. Thus, Government is duty bound to work out modalities to enforce their own policy decision, if necessary by initiating suitable actions not only against the District Collectors but also against the police officials, who all are not functioning in tune with the Government policies and instructions, which is the duty mandated on them under the Constitution as well as under the Service Rules.

4. Post the matter on 23.03.2026.

 
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