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AFFADAVIT FILED ON BEHALF OF THE PETITONERI, I.S. Inbadurai, aged – 58, having office at MGR Malaigai, No.226 Avvai Shanmugham Salai, Royapettah, Chennai – 600014 do hear by solemnly affirm and sincerely states as below

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MEMORANDRUM OF WRIT PETITION
(Under Article 226 of the Constitution of India)
THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P. No of 2024
I.S.Inbadurai s/o Inba Nayagam having office at MGR Malaigai, NO 226, Avvai Shanmugam Salai,
Royapettah Chennai-600014. …Petitioner
Vs
1.The Chief Secretary, Govt. of Tamil Nadu, Fort St George, Chennai – 600009.

2.The Home Secretary,
Govt. of Tamil Nadu, Fort St George, Chennai – 600009.

  1. Principal Secretary,
    Department of Health and Family Welfare
    Govt of Tamil Nadu, Fort St George, Chennai – 600009.
  2. The Director General of Police, Dr. Radhakrishnan Salai,
    Mylapore, Chennai-600004.
  3. The District Collector,
    Kallakurichi District,
    Kesavalu Nagar, V.O.C.Nagar, Kallakurichi, Tamil Nadu 606202.

6.The Superintendent of Police, Kallakurichi District,
Kalaivani Nagar, Kottaimedu,
Kallakurichi, Tamil Nadu 606202

  1. The Director,
    Central Bureau Of Investigation,
    Plot No. 5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi – 110003.
  2. The Director,
    Tamil Nadu Medical and Rural Health Services,
    DMS Complex, 361,
    Anna Salai, Chennai-600006
    …Respondents
    AFFADAVIT FILED ON BEHALF OF THE PETITONER
    I, I.S. Inbadurai, aged – 58, having office at MGR Malaigai, No.226 Avvai Shanmugham Salai, Royapettah, Chennai – 600014 do hear by solemnly affirm and sincerely states as below
  3. I am the Former, MLA, Radhapuram, (Constituency) 2016, Tamil Nadu State Assembly, and the Legal Wing secretary of All India Anna Dravida Munnetra kazhagam (AIADMK) is a recognised political and the principal opposition party in state of Tamil Nadu.
  4. I submit that at the outset, I have no private interest in the subject matter, and I have filed this Writ Petition purely for the welfare of the people of Chennai. I state that I have no personal agenda or benefit from the ultimate outcome of this Writ Petition. I am filing this Public Interest Litigation with my own funds. I undertake to pay the costs, imposed by this Hon’ble Court if it is found later on that I have filed this Public Interest Litigation for personnel gain or publicity, My Aadhar number is 922446448628. I am an income tax assessee and my PAN Number AAOPI 1816J and average annual income is Rs.8,00,000/- (Eight Lakhs only). I state that, to my knowledge, no public interest litigation arising on the same issue has been filed anywhere, and no other Writ Petition has been filed in this regard by me. I have individually borne all the expenses, including the legal fees for filing the above Writ Petition.
  5. I state that on 19.06.2024 over twenty people from kallakuruchin district in the northern part of Tamil Nadu was hospitalised and at least five persons was dead after consumption of illicit drugs (packet arrack) and till date more then two hundred innocents who consumed illegal has been hospitalised and the death count has been raised to the thirty seven peoples. It is stated that one prime suspect Mr K.Kannukuti ( nagged 49) who is the master mind behind committing this offence, who has manufactured 200 litres of illicit arrack and sold the said arrack to the innocent peoples, and on consuming the same the said innocent peoples had lost their life.
  6. I submit that, the sale of illicit arrack is an offence as per the Tamil Nadu prohibition act 1937, in spite of the same the accused person with the help of government official as well as the local politician has involved themselves doing business of selling of illicit arrack and due to which we are witnessing such an incident in the state of Tamil Nadu, I further submit that, the history of prohibiting the arrack has been stated below.
  7. I state that, It was in Salem district of Tamil Nadu in 1937 that the Congress government of C. Rajagopalachari imposed prohibition, a first in the country. It was extended across the state in 1948 immediately after Independence. This prohibition in Tamil Nadu continued with Kamaraj at the helm of affairs in the state.
  8. I state that, The Madras Abkari Act was introduced in 1886 that placed strict regulations and banned the sale of local liquor. This British policy helped the sale of foreign liquor instead of ‘desi’ beverages. The DMK government led by party ideologue and the former Chief Minister of Tamil Nadu, Late., M. Karunanidhi, lifted the ban in 1971 citing revenue loss without a nationwide ban, and allowed the sale of arrack and toddy — the ‘desi drinks’. However, Late Chief Minister M. Karunanidhi had to stop the sale of toddy and arrack in 1974. The ban on arrack and toddy led to the manufacturing of spurious drinks and methanol, the industrial alcohol, was widely used leading to several deaths in the state in 1975-76.
  9. I submit that, Since 2021 various incident has taken place in The
    State Tamil Nadu, one such incident which took place on 15.05.2023., in Marakkanam Village, Villupuram District, in which 17 innocent people found death and no action has been taken to the said incident. I submit that, on witnessing the said incident, The National Human Rights Commission (NHRC) issued notice to the Tamil Nadu Government over the death of 20 people after they allegedly consumed spurious liquor in the Districts of Villupuram and Chengalpattu. The toll in the spurious liquor has gone up to 20 while over 50 peoples were affected, it is further stated that the commission has observed that, the content of the media if found true and the same amounts to violation of people’s right to life . Accordingly, it has issued notice to the chief secretary and the director general of police state of Tamil Nadu. The NHRC commission has observed that the illicit drugs sold as arrack was a cocktail of methanol, and chemical water and the same was mostly consumed by the fishermen’s form the costal are of Tamil Nadu,
  10. I further submit that another incident was reported from marundhagam, Chengalpattu District were 5 people died due to the consumption of illicit arrack, Therefore the sale of illegal arrack is taking place in the state of Tamil Nadu and the same has not been stopped by the police department.
  11. I submit that, MLA of Kallakuruchi constituency Mr. Senthil Kumar gave a complaint to the superintendent of police Kallukuruchi District by highlighting the sale of illicit arrack and the offence which is been committed by the accused person with the help of local politician and other govt officials. On receiving the complaint, the superintendent of police Kallakuruchi District deliberately failed to take appropriate action against the accused person who sold the arrack, on repeated request and the efforts of the local MLA went in vain, with no other option the said MLA raised his voice in the Tamil Nadu Legislative assembly by moving an special attention to take appropriate against the sale of illegal arrack in the locality. But in spite of the same no action was taken to prevent the sale of Illicit arrack.
  12. It is submitted that 19.06.2024, the collector of kallakuruchi District gave a press meet stating that, the cause of death cannot be solely on the reason of consuming illicit arrack, it can be for some other reasons also, on hearing the speech of the collector, I was put to shock that the higher authority of the particular district has given
    a statemen contrary to the said incident. I further suspect that, such statemen would have been said for the reason for helping the erroring officers and other accused person from being caught/arrest for committing the said offence, therefore in the interest of justice I pray this Hon’ble Court to direct the appropriate authority to conduct proper postmortem on the corpus the said postmortem report has to be submitted before this court to find out the real cause of death, It is further submitted that the guidelines issued by the Hon’ble High Court should be followed during the conduction postmortem.
  13. I submit that , the sale of illegal arrack has found a tremendous growth in the state of Tamil Nadu since the present government came into power in support of the same various indicated has occurred in the State of Tamilnadu from the year of 2021 to till date. The present government has not taken any proper action for prohibiting the sale of illicit arrack. It is the primary duty of the present government to take appropriate and stringent action against the persons involved in the sale of illicit arrack but looking into the previous incident as mentioned above it is seen that the entire State Missionary has failed to look into this matter seriously and to prevent the same.
    The constitution of India under article 47 has given powers to the state to protect the people of the country from consuming such kind of illicit liquor sold unauthorizedly by the accused persons.

Article 47
The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.”

  1. I state that, the present ruling government who failed in every aspect in preventing the sale of illicit arrack and due to frequent death of the people of Tamil Nadu on consuming the illicit arrack has, I have come forward praying this Hon’ble High court by filing this public interest litigation to transfer the investigation to the Central Bureau of Investigation and also to form a special Department/Team to investigate similar offence in future.
  2. I submit that , the sale of illegal arrack has found a tremendous growth in the state of Tamil Nadu since the present government came into power in support of the same various indicated has occurred in the State of Tamilnadu from the year of 2021 to till date. Even in spite of repeated request from the Local public as well as the Kallakurichi MLA, the state has failed to prevent the sale of illicit arrack and, I also suspect that the said business is taking place with the help of present ruling Government and police officials. And further The present government has not taken any proper action for prohibiting the sale of illicit arrack. It is the primary duty of the present government to take appropriate and stringent action against the persons involved in the sale of illicit arrack but looking into the previous incident as mentioned above it is seen that the entire State Missionary has failed to look into this matter seriously and to prevent the same.
  3. In the above Circumstance, Therefore I Humbly pray this Hon’ble High Court to direct the 4th respondent to file the status report before this Court on the investigation conducted by the 4th respondent till date in the respect of crime/offence, sale of illicit arrack by unknow accused person which resulted in death of 37 people in Kallakurichi District, Tamil Nadu

In the above circumstance, I humbly pray that this Hon’ble Court may be pleased to issue a Writ or Order or Direction in the nature of WRIT OF MANDAMUS directing the 1st, 2nd & 4th Respondent to Transfer and handover the Investigation to the 7th respondent the Central Bureau of Investigation, and also direct the 7th respondent to investigate the crime/offence, sale of illicit arrack by unknow accused person which resulted in death of 37 people in Kallakurichi District, Tamil Nadu and pass such further or other orders as this Hon’ble Court may deem fit and proper to pass in the facts and circumstance of this and thus render justice.

Solemnly affirm at Chennai : BEFORE ME
On this 20th day of June : 2024 and has signed his :
name in my presence : ADVOCATE: CHENNAI

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