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2006 DIGILAW 2659 (MAD)

Thambidurai v. The State of Tamil Nadu, rep. by the Inspector of Police & Another

2006-10-09

P.SATHASIVAM, S.TAMILVANAN

body2006
Judgment :- (Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to direct the respondents to produce the detenu Thangadurai, son of Thangaswamy before this Court and set him at liberty.) P. Sathasivam, J. The petitioner, by name Thambidurai has filed this petition seeking direction for production of the detenu Thangadurai, son of Thangaswamy before this Court and set him at liberty. 2. During the pendency of this petition, it is brought to our notice that the detenu died at Malaysia, where he went for employment. On the direction of this Court, the second respondent has made arrangement and ultimately, the body of the detenu-Thangadurai was brought to Chennai on 01.10.2006. It is also brought to our notice that after post-mortem, the body of the detenu was handed over to the petitioner. 3. In view of the same, no further adjudication is required in this petition. 4. Mr.Sankarasubbu, learned counsel appearing for the petitioner raised two grievances. According to him, though the petitioner has made a complaint even as early as 12.08.2006 to the Collector, Cuddalore as well as to the Sub Inspector of Police, Annamalai Nagar Police Station, Cuddalore District, no action was taken by the said Sub Inspector of Police, hence he seeks appropriate direction. The other grievance is that the Airway bill shows that cause of death was due to hanging. Hence, the petitioner, being the brother of the detenu, is entitled for compensation from the present employer concerned. 5. In view of the grievance expressed, we are inclined to issue following directions: (1) The Sub Inspector of Police, Annamalai Nagar Police Station, Cuddalore District is directed to investigate the complaint of the petitioner dated 12.08.2006 and proceed according to law. (2) The petitioner is at liberty to proceed against the employer of his brother for compensation, if the same is permissible under law, before the appropriate Forum. 6. With the above observation, the petition is closed.