Josbin v. The Home Secretary

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.10994 of 2023 Josbin ... Petitioner Vs.

1.The Home Secretary, Secretariat, St. George Fort, Chennai - 600 009.

2.The District Collector, Dindigul District, Dindigul.

3.The Superintendent of Police, Dindigul District, Dindigul.

4.Ilangeswaran ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to pay Rs.75,00,000/- compensation to my son namely 1/6

Lawrence S/o. Antony @ Vellaichamy aged about 37 years for making him mentally ill (60%) with date of incident as compensation with interest.

For Petitioner : Mr.V.Karuna For Respondents 1 & 2 : Mr.K.Balasubramani Special Government Pleader For Respondent No.3 : Mr.A.Albert James Government Advocate [Crl. Side]

O R D E R

This Writ Petition has been filed seeking for a direction to the the first respondent to pay Rs.75,00,000/- compensation to the petitioner's son namely Lawrence S/o. Antony @ Vellaichamy, aged about 37 years for making him mentally ill (60%) from the date of incident as compensation with interest.

2.The learned Counsel for the petitioner would submit that the fourth respondent police harassed the petitioner in police custody and thereby he became 60% mentally ill. Hence, the petitioner claims compensation of Rs.75,00,000/- through this Writ Petition.

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3.Learned Government Advocate [Crl. Side] appearing for the third respondent would submit that in the present case, the petitioner's son was arrested in a sexual harassment complaint and ultimately, a case was filed and he was acquitted in the said case, only by giving benefit of doubt. Therefore, the petitioner cannot claim any compensation. However, even if the petitioner is aggrieved, she has to file a separate case for determining the compensation in accordance with law.

4.Heard the learned Counsel on either side and perused the materials available on record.

5.As rightly pointed out by the learned Government Advocate [Crl. Side], the complaint relates to sexual harassment, which involves disputed questions of facts and such type of matters cannot be decided and awarded compensation as requested by the petitioner. Further, the disability of the petitioner's son can also not be determined in a Writ jurisdiction and the same can be decided only through trial. Such being the case, this Court is not inclined to entertain this Writ Petition. However, liberty is granted to the petitioner's to approach the appropriate forum in accordance with law.

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6.With the aforesaid liberty, this Writ Petition stands dismissed. There shall be no order as to costs. 04.12.2025 Index: Yes/No Internet: Yes/No MR 4/6

To 1.The Home Secretary, Secretariat, St. George Fort, Chennai - 600 009.

2.The District Collector, Dindigul District, Dindigul.

3.The Superintendent of Police, Dindigul District, Dindigul.

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KRISHNAN RAMASAMY, J.

MR W.P.(MD)No.10994 of 2023 04.12.2025 6/6