This High Court directed the first respondent to consider the petitioner's representation dated 27.12.2004 and pass suitable orders on merit within 12 weeks, without adjudicating the merits of the custodial death claim.
Direction to the first respondent to consider the petitioner's representation dated 27.12.2004 and pass suitable orders on merits within 12 weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.11.2019
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.25564 of 2005
Selvaraj
S/o. Kannan ... Petitioner
Vs.
1. State of Tamilnadu,
rep. by its Secretary,
Department of HOme,
Fort St. George,
Chennai 600 009.
2. The District Collector,
Vellore District,
Vellore.
3. The Superintendent,
Central Prison,
Vellore.
4. The Inspector of Police,
P.E.Wing,
Sathuvachari,
Vellore -9 ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India to issue a writ of mandamus directing the first respondent to grant Rupees five lakhs as compensation to the petitioners family by considering the representation of the petitioner's dated 27.12.2004.
For Petitioner : Mr. R.Sankarasubbu For Respondents : Mr. R.Govindasamy, Spl. G.P. ORDER
This writ petition has been filed to consider the petitioner's representation dated 27.12.2004.
20.08.2003 without informing the grounds of arrest. Thereafter, the petitioner's brother was produced before the Court on 24.08.2003 and remanded to Judicial Custody. During the Course of detention, the detenue succumbed to internal injuries on 28.08.2003 and no treatment was given to him to save his life. Thereafter, the petitioner has made a representation to the first respondent on 27.12.2004 seeking for compensation of Rs.5 lakhs for the death of his brother. Since the representation was not considered, the present writ petition has been filed.
4.The petitioner filed a reply affidavit disputing all those facts and alleging that the petitioner's brother died due to custodial violence.
s/dAssistant Registrar(J)
True Copy
Sub-Assistant Registrar
mrp
To
1 issue framed by the court
Whether the respondent is directed to consider the petitioner's representation dated 27.12.2004 regarding compensation for the death of his brother
Selvaraj
State of Tamilnadu
District Collector, Vellore District
Superintendent, Central Prison, Vellore
Inspector of Police, P.E.Wing, Sathuvachari
V.BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
