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2022 Supreme(Online)(MAD) 29392

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2022 CORAM THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.18086 of 2015 C.Poomayil ... Petitioner vs.

1. The Secretary to Government, Home Department, Secretariat, Saint George Fort, Chennai – 9.

2. The Director General of Police, Dr.Rathakrishnan Road, Chennai.

3. The District Collector, Madurai.

4. The Superintendent of Police, Surveyor Colony, Madurai.

5. The Deputy Superintendent of Police, Oomachikulam Division, Madurai.

6. The Inspector of Police, Oomachikulam Division, Oomachikulam, Madurai. 7. The Inspector of Police, CBCID, Madeira.

8. Thangavel

9. Raman Inspector of Police, Malayampatti Police Station, Erode District.

10. Balaji Inspector of Police, Economic Wings (EOW), Virudhunagar District.

11. Radhamahesh Sub-Inspector of Police, Alanganallur Police Station, Madurai District.

12. Jeyaraman

13. Murugan Police Constable 1668, Avaniapuram Police Station, Traffic Invetigation Wing, Madurai District.

14. Solaimalaikannan Constable 337, Koodalpudur Police Station, Madurai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to take departmental proceedings against the respondent Nos.8 to 14 and consequently directing the 1st respondent to pay compensation of Rs.25,00,000/- based on the petitioner's representation, dated 09.09.2015.

For Petitioner : Mr.C.Susi Kumar, for Mr.Jeyakarthick For R-1 to R-7 : Mr. Veera. Kathiravan, Additional Advocate General, assisted by M/s.D.Farjana Ghoushia, Special Government Pleader

O R D E R

This Writ Petition is filed for issuing Writ of Mandamus, seeking direction to the 1st respondent to take departmental proceedings against the respondent Nos.8 to 14 and also sought for a consequential direction to the 1st respondent to pay compensation of Rs.25,00,000/- based on the petitioner's representation, dated 09.09.2015.

2. Heard C.Susi Kumar, for Mr.Jeyakarthick, learned counsel appearing for the petitioner and Mr.Veera.Kathiravan, learned Additional Advocate General, assisted by Ms.D.Farjana Ghoushia, learned Special Government Pleader, appearing for the respondent Nos.1 to 7. Perused the material documents available on record.

3. The brief facts as stated in the affidavit is that the petitioner is a widow, who is surveying with her two daughters. On 27.05.2011, the petitioner and her younger daughter along with her husband went to Pandikovil. After returning back to home, the petitioner's elder daughter, namely, Santhana Gowri was found missing. On the next day, i.e., 28.05.2011, the petitioner's husband lodged a complaint before the Sub-Inspector of Police, namely, Radhamahesh, Oomachikulam Police Station, who is arrayed as accused No.11 and C.S.R.No. 217 of 2011 was also issued, but no case was registered. In the meantime, the petitioner's husband came to know that the petitioner's daughter has eloped with one Ranjithkumar to Coimbatore, who is one of the petitioner's relative and the same was duly intimated to the police station by the petitioner's husband. At that time, the Constable, namely, Murugan (R-13) instructed the petitioner's brother- in-law, Muthuramalingam and Mahendran to get back the petitioner's daughter from Coimbatore. Based on their oral instruction on 01.06.2011, the petitioner's brother-in-law went to Coimbatore, inspite of their hard searching they could not find out them. On the other hand, the petitioner's brother found out one Mathusudhan and Senthil, who are close friends of Ranjithkumar. After holding them, the petitioner's brother-in-law contacted the Head Constable Murugan (R-13) over phone and revealed that they found out the friend of the Ranjithkumar, wherein the Murugan/R-13 had directed to bring the said friends to the Oomachikulam Police Station, Madurai for enquiry. As per oral instructions, the petitioner's brother-in-law brought and handed over them to the Oomachikumarm Police station. This was further informed to the petitioner's husband. Thereafter, the petitioner and her husband went to Oomachikulam Police station and they were directed to purchase food for the said two friends. After enquiry, when the petitioner's husband and the two friends of Ranjith Kumar, namely, Mathusudhan and Senthil were about to leave from the police station. At that time, he was informed by the Head Constable (R-13) and one Constable Jeyaraman (R-12) stated that, a case has been registered against the petitioner's brother-in-law on the file of the Pelamedu Police Station, Coimbatore, in Crime No.915 of 2011, for an offence under Section 365 of I.P.C. Further, the said Murugan and Jeyaraman, have constantly threatened the petitioner's husband to leave those friends to Coimbatore immediately, failing which, a case would be registered against the petitioner's husband. Due to fear, the petitioner and her husband along with children went to the relative's house at Palanganatham. Thereafter, the petitioner's husband was threatened continuously and hence, the petitioner's husband reached the Oomachikulam Police station at night. The said Murugan and Jeyaraman took the petitioner's husband holding his collar and forcibly pulled in to the police station. Thereafter, the petitioner's husband as well as the said Senthil and Mathusudhan were detained illegally in the police station.

4. It is further stated that, on the very next day, i.e., 02.06.2011 at about 06.00 a.m., the petitioner has received a phone call from the Oomachikulam police station and instructed to come to Rajaji Government Hospital

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