K.Selvaraj v. The Government of Tamilnadu

Madras HC16 Jun 2025WP(MD)/16102/2025

Case brief

AI extract

What is this about?

Maintainability of compensation claim in writ petition — alleged illegal detention and torture by police officer (Inspector of Police, Nithiravilai Police Station, Kanyakumari District) — facts cannot be adjudicated under Article 226 — remedy lies before the Human Rights Commission, to be entertained without limitation — representation dated 10.10.2022 to Home Department, Government of Tamil Nadu — Rs.50 Lakhs compensation sought, not awarded — defacto complainant Chukidi @ Joseph — W.P(MD)No.16102 of 2025 dismissed, no costs.

What did the court decide?

A claim for compensation founded on facts cannot be adjudicated in a writ petition, as the facts cannot be gone into under Article 226. ¶¶32

K.Selvaraj Vs The Government of Tamilnadu — Writ and Judicial Review | Madras HC (2025)

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W.P(MD)No.16102 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED :16.06.2025

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CORAM:

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THE HONOURABLE MRS.JUSTICE S.SRIMATHY

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W.P(MD)No.16102 of 2025

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K. Selvaraj ... Petitioner

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vs.

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1.The Government of Tamil Nadu,

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Represented by the Secretary to the Home Department,

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Secretariat, Channai-9.

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2.The District Collector,

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Nagercoil, Kanyakumari District.

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3.The Director General of Police / Head of Police Force,

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No.1, Kamaraja Salai, Mylapore, Chennai – 4.

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4.The Superintendent of Police,

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Kanyakumari District, Nagarcoil.

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5.The Inspector of Police, Nithiravilai Police Station, Nithiravilai, Kanyakumari District.

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6.Chukidi @ Joseph ...Respondents

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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of MANDAMUS, to direct the 1^st Respondent to consider the petitioner's representation dated 10.10.2022 and pass suitable orders on merit and in accordance with law for conducting an enquiry as against the illegal, unethical act of the 5^th respondent and his associates and thereby award a

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1/4

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https://www.mhc.tn.gov.in/judis

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W.P(MD)No.16102 of 2025

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compensation of Rs.50 Lakhs for the petitioner's sufferings. untold hardships and illegal detention within any basis.

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For Petitioner : S.Palanivelayutham, For R1&R2 : Mr. M.Lingadurai Special Government Pleader For R3 to R5 : M/s.M.Aasha Government Advocate

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ORDER

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The present Writ Petition filed under Article 226 of the Constitution

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of India praying for issuance of a Writ of Mandamus, to direct the 1 st Respondent to consider the petitioner's representation dated 10.10.2022 and pass suitable orders on merit and in accordance with law for conducting an enquiry as against the illegal, unethical act of the 5 th respondent and his associates and thereby award a compensation of Rs.50 Lakhs for the petitioner's sufferings. untold hardships and illegal detention within any basis.

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2.The contention of the petitioner is that he was illegally detained

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and he was tortured by the 5th respondent officer. The 6th respondent is the defacto complainant.

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3.However, the petitioner is claiming compensation under the writ petition based on the facts and the facts cannot be gone into in a writ petition.

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The petitioner's only remedy is to go before the Human Rights Commission. The

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https://www.mhc.tn.gov.in/judis