IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON

DELIVERED ON

03-12-2018

111218

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

AND

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

Writ Petition No.28275 of 2018

and W.M.P.No.32972 of 2018

1. Thiru. Prakash

Inspector of Police

Kolathur Police Station

Kolathur, Chennai 600099

2. Thiru. Vijayakumar

Inspector of Police,

Thammampatti Police Station,

Gangavalli, Salem District.

3. Thiru.R. Subramani.

: Petitioners

Vs.

1. The State of Tamil Nadu

Rep.by the Secretary to Government

Fort St. George,

Chennai 600009.

2. The State Human Rights Commission

Rep.by its Secretary,

No.143, PSV Kumarasamy Salai,

Raja Annamalaipuram,

Chennai-600 028

3. Mrs.J. Meenambal

:Respondents

Writ Petition filed under Article 226 of the Constitution of

India to issue a Writ of Certiorari to call for the records

relating to the orders in SHRC No.9566 of 2007 of the orders

passed by the Member of the State Human Rights Commission dated

09.04.2018 and quash the same.

https://hcservices.ecourts.gov.in/hcservices/

For Petitioners

: Mr. M. Gnanasekar

For Respondents

: Ms.A.Sri Jayanthi,

Spl.Govt. Pleader for R1

Mr.K.V.Sajeev Kumar for R2

ORDER

[Order of the Court was delivered by N. SATHISH KUMAR, J.,]

The Writ Petition has been filed challenging the Order dated

09.04.2018 passed by the Member, State Human Rights Commission,

Tamil Nadu, in SHRC No.9566 of 2007, in which following

recommendations have been made:

"a. The Government of Tamilnadu shall make a

payment of Rs.2,00,000/- (Rupees Two lakhs only)

to the legal heirs of the Complainant

Thiru.T.Janakiraman, Son of Thangavelu, No.12,M

Block, Pensioners Lane, New Farhans Road, Chennai

600 012, within eight weeks from the date of

receipt of this order towards compensation for

violation of human rights of the complainant

Thiru.T. Janakiraman committed by the respondents.

b. After making such payment, the Government

of Tamil Nadu, may recover a sum of Rs.75,000/-

(Rupees Seventy Five thousand only) from the 1st

Respondent Thiru Murugesan, the then Inspector of

Police, P.2, Otteri Police Sttion, Chennai Police

on 14.04.2007, may recover a sum of Rs.50,000/-

(Rupees Fifty thousand only) from the 2nd

respondent, Thiru Prakash, the then Inspector of

Police (Crime) P.2, Otteri Police, in February

2008, and a sum of Rs.40,000/- (Rupees forty

thousand only) from Thiru K. Vijayakumar, Sub-

Inspector of Police, P.2, Otteri Police Station,

Chennai Police, on 17.05.2007 and a sum of

Rs.35,000/- (Rupees thirty five thousand only)

from Thiru. Subramani, Sub-Inspector of Police,

(Crime), P.2, Otteri Police Station, Chennai

Police, on 17.05.2007 and

c. The Government of Tamil Nadu, may also

initiate departmental action against the

respondent Thiru Murugesan, the then Inspector of

Police, P.2, Otteri Police Station, Chennai Police

https://hcservices.ecourts.gov.in/hcservices/

on 14.04.2007, Thiru Prakash, the then Inspector

of Police (Crime) P.2 Otteri Police Station,

Chennai Police, in the month of February 2008,

Thiru K. Vijayakumar, Sub-Inspector of Police, P.2

Otteri Police Station, Chennai on 17.05.2007 and

Thiru. Subramani, Sub-Inspector of Police (Crime)

P.2, Otteri Police Station on 17.05.2007 for their

lapses."

2 The brief facts leading to file this Writ Petition is as

follows:

2(a) The Petitioners are working in the Police Department

in various capacities. The Commission took cognizance of the

complaint of one Mr.T. Janakiraman dated 03.12.2007 on

05.12.2007. The crux of the allegation in the above complaint

is as follows:

2(a)(i) The complainant is the resident of Pensioners Lane,

New Farhans Road, Otteri, Chennai 600012. He is residing with

his family in the above address. On 14.04.2007 one Mr. Mahesh

who is neighbour of the c