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2010 Supreme(Mad) 2724

S.MANIKUMAR
Thangappan – Appellant
Versus
Secretary, State of Tamil Nadu, Home Department, Chennai & Others – Respondent


Advocates Appeared:
For the Petitioner:C. Ramakrishnan, Senior Counsel for K. Viswanath, Advocate.
For the Respondent: P. Subramanian, Additional Government Pleader.

Judgment :

The petitioner has sought for a mandamus, directing the respondents to pay him a sum of Rs.50,000/- (Rupees Fifty Thousand Only), as damages along with the future interest and costs, for incarcerating him for his illegal detention and for illegal registration of a false case, in violation of Fundamental Right and liberty under Article 21 of the Constitution of India.

.2. Facts leading to the writ petition are as follows:

.The petitioner was working as Building supervisor and was also in-charge of maintenance of building of a Firm in Chennai. That on 15. 1998, at 9.30 a.m., when he was at the Airport, to export Mangoes, brought from Illedu Farms, Chunampet, by a van bearing Registration No. TN 01 J 4894, he was ensure dispatch of mangoes to Singapore. As it one of the procedures, namely, getting clearance from Custom authorities. While he was waiting for the representative of Sita World (sic) Travels, clearing agent of Ganapathy Marketing Company, through which company, mangoes were exported, the Inspector of Police, Meenambakkam, respondent herein, arrested him and forcibly took him to the Police Station.

.3. On the same day, the petitioner was informed that he was ar






















































































































































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