Madras High CourtWP/20532/2018disposed of

P.Rathinam,Advocate, No.110, v. The State Of Tamilnadu

2023-08-18Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU and W.M.P.Nos.24926, 24927, 27647 and 28275 P.Rathinam .. Petitioner -vs1.The State of Tamil Nadu Represented by its Secretary Home Department Chennai-600009.

2.The Secretary Revenue Department Government of Tamil Nadu Secretariat, Chennai-600009.

3.The Director General of Police Government of Tamil Nadu Police Head Quarters Chennai-600004.

4.The Commissioner of Police 5.The Superintendent of Police Salem District, Salem.

6.The District Collector Salem District Salem.

7.The District Collector Dharmapuri District Dharmapuri.

8.The Superintendent of Police Dharmapuri District Dharmapuri.

9.The Deputy Superintendent of Police Harur Taluk, Harur Dharmapuri District.

10.The District Collector Thiruvannamalai District Thiruvannamalai.

11.The Superintendent of Police Thiruvannamalai District Thiruvananmalai.

12.The Deputy Superintendent of Police Chengam, Thiruvannamalai.

13.The Inspector of Police Peranamallur Police Station Thiruvannamalai District.

14.The Sub-Inspector of Police Vanthavasi Police Station Thiruvannamalai District.

15.The Inspector of Police Ammapettai Police Station Salem District.

16.The Inspector of Police Annathanapatty Police Station 17.Union of India Rep. By the Secretary Ministry of Rural Development Government of India Krishi Bhavan Dr.Rajendra Prasad Road New Delhi-110 001.

18.Union of India Rep. by the Secretary Ministry of Road Transport and Highways Government of India Transport Bhavan 1, Parliament Street New Delhi-110001.

19.The Superintendent of Police Krishnagiri District Krishnagiri.

20.The Inspector of Police Singarapettai Police Station Uthangarai Taluk Krishnagiri District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents as:- I.

directing the first respondent to pay a fair and just amount of compensation to the victims of the violations committed by the police personnel such as:-

1. Mr.T.Muthukumar, Son of Thangavel, Kottayur Village, Salem District.

2. Mr.A.Marimuthu, Son of Ananthan, residing at No.331, Suriya Gounder Kadu, Seelanayakkanpatty, Salem.

3. Mrs.Malliga, Wife of Late C.N.Arumugam, aged 65 years, residing at Athipadi Village, Uthangarai Taluk,

Krishnagiri District and

4. Mr.R.Sounder, Son of C.N.Ramalingam, Athipadi Village, Uthangarai Taluk, Krishnagiri District. II.

Constituting an enquiry committee headed by a retired Judge of this Court to enquire into the violation of the rights of the farmers and their well wishers who were illtreated and harassed by the police as the agitation of the farmers against the proposed Chennai-Salem Express Green Corridor project had been conducted in Thiruvannamalai District, Salem District, Kancheepuram District and Dharmapuri District. III.

Constituting an expert body consisting of Environmental Scientist, Retired Senior Engineer from the public works department and such other expression the field of forest maintenance to study the positive and negative impact of the Chennai-Salem Express Green Corridor Project and to suggest the alternative options which can minimize the negative impact of the project.

IV.

Ordering any other directions as this Court may consider fit and proper in the circumstances of this matter. For the Petitioner :

Mr.Thilageswaran For the Respondents :

Mrs.R.Anitha, SGP (RR1 to 16, 19 & 20) Mr.G.Karthikeyan (RR17 & 18)

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) We have heard Mr.Thilageswaran, learned counsel for the petitioner; Mrs.R.Anitha, learned Special Government Pleader for respondents 1 to 16, 19 and 20; and Mr.G.Karthikeyan, learned counsel for respondents 17 and 18.

2. The petitioner seeks compensation on the ground that the police arrested the members of the family of Silambarasan and his cousin Sunder was severely slapped by the Inspector at the police station. His left ear is affected due to the slapping. The petitioner is seeking relief to the victims of the unruly behavior of the police. The victims are not parties here. It is for the victims to claim relief. Moreover, the aggrieved person or any interested person may raise the issue before the Human Rights Commission as may be permissible under law.

3.The writ petition is disposed of, accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.V.G., CJ.) (P.D.A., J.) 18.08.2023 Index : yes/no : Yes/No Maya To:

1.The Secretary Home Department Chennai-600009.