S.Pushpa Rani, v. The Deputy Inspector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and WMP(MD)Nos.4096, 4097 and 4098 of 2018 S.Pushpa Rani ... Petitioner Vs.

1.The Deputy Inspector General of Police, Tirunelveli Range, Palayamkottai, Tirunelveli.

2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

4.Vijayan 5.Raghavan 6.Mohanan 7.Jeba 8.Murugan 9.Stephen ... Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 to take appropriate action against the respondents 4 to 9 on the complaint of the petitioner, dated 23.02.2018 and further directing the respondents to provide with a compensation of Rs.5,00,000/- for the brutal attack and other illegality committed on the petitioner's son Selvan Robert and to pass such further or other order as this Court may deem fit and proper.

For Petitioner : Mr.C.T.Perumal For R1 to R3 : Mr.R.Anandharaj Additional Public Prosecutor For R4 : Mr.F.Deepak For R5 to R9 : No Appearance *** 1/3

O R D E R

This Writ Petition has been filed directing the respondents 1 and 2 to take appropriate action against the respondents 4 to 9 on the complaint of the petitioner, dated 23.02.2018 and further directing the respondents to pay a compensation of Rs.5,00,000/- for the brutal attack and other illegality committed on the petitioner's son viz., Selvan Robert.

2.As the son of the petitioner is a habitual offender, he involved in so many crimes and he is a second accused in Crime No.57 of 2018 for the offences under Sections 341, 294(b), 307, 506(ii) of IPC and r/w 3(1) of TNPPDL Act on the file of the third respondent, he was arrested and remanded to judicial custody. Again he has been arrayed as accused in yet another case registered in Crime No.58 of 2019 for the offence under Section 174 of Cr.P.C. and subsequently the same was altered into Section 302 of IPC. Other than these two cases, he involved in another three cases on the file of the same third respondent in Crime Nos.125 of 1996, 825 of 2012, 932 of 2013, 233 of 2015 and 695 of 2017. While being so, only in order to escape from the clutches of law, the present Writ Petition is filed to protect her son from the cases.

The son of the petitioner is being a habitual offender and history sheeted rowdy and hence, she cannot claim any compensation without proving the fact that her son was illegally detained and tortured by the police officials, no compensation can be granted. It is also seen that the petitioner did not even approach the authorities of the State Human Rights Act. 3.In view of the above discussion, this writ petition is devoid of merits and is liable to be dismissed. Accordingly, the Writ petition is dismissed. No costs. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AS) // True Copy // / /2020 Sub Assistant Registrar(CS) vsd To 1.The Deputy Inspector General of Police, Tirunelveli Range, Palayamkottai, Tirunelveli.

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2.The Superintendent of Police, Kanyakumari District, Nagercoil.

3.The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.C.T. PERUMAL, Advocate ( SR-101715[F] dated 27/11/2019 ) and WMP(MD)Nos.4096, 4097 and 4098 of 2018 26.11.2019 gkg(CO) TR(08.01.2020) 3P 6C 3/3