1. This writ petition is filed seeking compensation for the death of the husband of the petitioner in the police custody.

2. Thefacts as averred in the affidavit filed in support of the writ petition are as follows:

The petitioner and her husband Mohammed Masud were the resident of Kadiyanallur, Thenkasi Taluk, Tirunelveli District. The Kadiyanallur police officials took the husband of the petitioner on 28.11.2005 at 04.00 p.m. from his residence. He was handed over by the Kadiyanallur Police to the Aralvoimozhi Police officials. The Kadayanallur Police officials also took in custody her brother and her sisterss husband at 12 O clock midnight on the same day. Later, they were sent to Aralvoimozhi Police Station. The Inspector of Aralvoimozhi Police Station obtained a statement forcibly by threatening them. The petitioner was not aware of the contents of the statements. On 29.11.2005 at about 9.00 p.m. they were sent back to home. But, they did show the husband of the petitioner. When the petitioner asked about her husband, they informed that they would send him back safely. But her husband did not reach home after he was taken by the Kadayanallur Police at 4.00 p.m. on 28.11.2005.

3. Since there was no response from the police officials about the whereabouts of her husband, the petitioner filed H.C.P.(MD).No.223 of 2006 before this Court seeking for a direction for production of her husband. Based on the submission made by the Public Prosecutor that a man missing case was registered in Cr.No.391 of 2006 on the file of the Kadayanallur Police Station relating to the husband of the petitioner, the HCP was disposed of on 09.08.2006 with a direction to the Inspector of Police, Kadayanallur Police Station to trace the husband of the petitioner and to proceed with the investigation in accordance with law as expeditiously as possible. That was the fate for about 9 months after he was taken in custody on 28.11.2005 at 4.00 p.m. from the residence of the petitioner.

4. In view of the representation made by the petitioner to higher officials about the illegal custody of the husband of the petitioner and nothing fruitful came out from the investigation in Cr.No.391 of 2006, the Director General of Police, Chennai transferred the case in Cr.No.391 of 2006 to CBCID for investigation. There was a breakthrough in the investigation conducted by the CBCID. They enquired lot of witnesses and they filed a report before the Court of Judicial Magistrate, Thenkasi seeking alteration of First Information Report in Cr.No.391 of 2006 from man missing to one under Sections 342, 344, 193, 218 302, 506(ii), 201 IPC r/w. 34 IPC.

5. The First Information Report was altered from man missing to one of murder. Thereafter, no further progress took place. Hence, the petitioner filed Crl.O.P.(MD).No.12376 of 2007 before this Court to transfer the investigation from CBCID to CBI. This Court disposed the said criminal original petition on 12.12.2007 by directing the Revenue Divisional Officer, Padmanabhapuram, Kanyakumari to conduct an enquiry and submit a report before this Court on 02.01.2008. Accordingly, the Revenue Divisional Officer conducted enquiry and gave a report dated 12.03.2008 finding that 11 police officials belonging to different police stations involved in illegal detention, wrongful confinement and beating of the husband of the petitioner. The Revenue Divisional Officer also found that the police personnel were responsible for illegal detention and torture meted out to the husband of the petitioner. He also found that he was missing and whereabouts of the individual was not known. The District Collector of Kanyakumari agreed with the findings of the Revenue Divisional Officer and recommended the Government to take appropriate action against the police officials involved in the matter.

6. While so, the petitioner filed the present writ petition praying for issuance of Writ of Mandamus directing the respondents 1 to 4 to provide adeq