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Madras High CourtWP(MD)/13219/2015closed

D.Sankar v. The Secretary To Government

2020-12-04Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.12.2020

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN D.Sankar ... Petitioner Vs.

1.The Secretary to Government, Home (Police) Department, Secretariat, Fort St.George, Chennai.

2.The Director General of Police, Kamaraj Salai, Chennai.

3.The District Collector, Tirunelveli District, Tirunelveli, 4.The Superintendent of Police, Tirunelveli District, Tirunelveli.

5.Regurajan, The Inspector of Police, Achanpudur Police Station, Tirunelveli District.

6.The Sub-Inspector of Police, Achanpudur Police Station, Tirunelveli District.

... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 to 4 to award adequate compensation for a sum of Rs.5,00,000/- (Rupees Five Lakhs) to the petitioner for the wrongful confinement and custodial torture suffered by the petitioner at the hands of the 5th respondent and take appropriate action against the 5th respondent based on the complainant of the petitioner dated 12.06.2015 within the time stipulated by this Court.

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For Petitioner: Mr.S.Balamurugan For R1 to R6 : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)

ORDER

The writ petition has been filed for a direction to direct the respondents 1 to 4 to award adequate compensation for a sum of Rs.5,00,000/- (Rupees Five Lakhs) to the petitioner for the wrongful confinement and custodial torture suffered by the petitioner at the hands of the 5th respondent herein.

2. The learned counsel for the petitioner would submit that for the illegal detention as well as the custodial torture to the petitioner herein at the hands of the 5th respondent, he already filed a complaint before the Human Rights Commission on 12.06.2015. Now, the State Human Rights Commission has taken cognizance on the complaint. Now, the enquiry is going on as against the 5th respondent.

3. Recording the said submission, this Writ Petition is closed. No costs. However, the State Human Rights Commission is directed to complete the enquiry on the complaint lodged by the petitioner herein as against the 5th respondent within a period of six months from the date of receipt of a copy of this order if not already disposed of.

Sd/- Assistant Registrar (P & A) // True Copy // / /2021 Sub Assistant Registrar(CS) dss Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Secretary to Government, Home (Police) Department, Secretariat, Fort St.George, Chennai.

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2.The Director General of Police, Kamaraj Salai, Chennai.

3.The District Collector, Tirunelveli District, Tirunelveli, 4.The Superintendent of Police, Tirunelveli District, Tirunelveli.

5.The Sub-Inspector of Police, Achanpudur Police Station, Tirunelveli District.

6.The Officer-in-Charge, State Human Rights Commission, 143, P.S.Kumarasamy Salai(Greenways Road), Raja Annamalaipuram, Chennai-28.

04.12.2020 SSS (CO) NR (19/01/2020) 3P : 7C 3/3