Ariramapandian, v. The Secretary To Govt.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Ariramapandian ... Petitioner Vs.
1.The Secretary to Government.
Home Secretary, Chennai - 9.
2.The District Collector, Tuticorin District, Tuticorin.
3.The Deputy Inspector General, Tirunelveli District, Tirunelveli .
4.The Superintendent of Police, Tuticorin District, Tuticorin.
5.The Additional Superintendent of Police, Tuticorin District, Tuticorin.
6.The Sub Inspector of Police, Kovilpatti West Police Station, Kovilpatti.
7.Murali Ramba 1/6
8. Navaneethan 9.Senthur Pandian 10.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay compensation to tune of Rs.5 Lakhs as befitting compensation for the custodial torture harassed by the respondent Nos.5 & 6 under the guise of registering false case against the petitioner's son namely Ravi @ Ravichandran, S/o. Ari Ramapandian, aged about 25 years for violation of fundamental rights guaranteed Part III of the Constitution of India as well as human rights act by inflicting him with custodial torture and causing injuries over the petitioner's body and to direct the respondent Nos.2 to 3 to register the case against the delinquent officers who are involved in the case and to direct the respondent No.3 to investigate the matter in accordance with law. For Petitioner : Mr.S.Balakarthick, For M/s.K.J.Associates.
For Respondents : Mr.D.Gandhiraj, Spl. Govt. Pleader for R1 to R6 & R10.
No appearance for R7 to R9.
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ORDER
Heard the learned counsel on either side.
2.This writ petition has been filed by the father of one Ravi @ Ravichandran. He is facing prosecution in S.C.No.38 of 2019 on the file of II Additional District and Sessions Court, Tuticorin. The allegations set out in the affidavit is that the petitioner's son was physically tortured by the respondents 5 and 6. Seeking compensation, the present writ petition came to be filed.
3.The learned counsel for the petitioner reiterated all the contentions set out in the affidavit filed in support of the writ petition and called upon this Court to grant relief as prayed. 4.The respondent 5 and 6 have filed counter affidavit denying the allegations made by the writ petitioner. The outpatient card issued by the Tirunelveli Medical College Hospital on 23.03.2015 in respect of the petitioner's son contains an endorsement that there is no specific complaint. In the typed of set papers, the petitioner has not placed any 3/6
convincing material. Only the order passed by the learned Judicial Magistrate for giving treatment to the petitioner's son has been enclosed. The petitioner's son who is said to be victim has not filed any supporting affidavit. I am therefore not in a position to grant relief based on the averments of the writ petitioner alone. Liberty is however given to the victim to make out his case before the learned trial Judge. In the event of the learned trial Judge finding merit in the allegations, compensation can definitely be given by the trial Court itself. I make it clear that I have not gone into the merits of the matter.
5.With this liberty to the victim to approach the trial Court in this regard, this writ petition is disposed of. No costs. 19.07.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6
To:- 1.The Secretary.
Home Secretary, Chennai - 9.
2.The District Collector, Tuticorin District, Tuticorin.
3.The Deputy Inspector General, Tirunelveli District, Tirunelveli .
4.The Superintendent of Police, Tuticorin District, Tuticorin.
5.The Additional Superintendent of Police, Tuticorin District, Tuticorin.
6.The Sub Inspector of Police, Kovilpatti West Police Station, Kovilpatti.
7.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.
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G.R.SWAMINATHAN, J.
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