THANGAPPAN Vs. SECRETARY STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has sought for a mandamus, directing the respondents to pay him a sum of Rs. 50,000/- (Rupees Fifty Thousand Only), as damages along with the future interest and costs, for incarcerating him for his illegal detention and for illegal registration of a false case, in violation of Fundamental Rights and liberty under Article 21 of the Constitution of India.

(2.) FACTS leading to the writ petition are as follows: The petitioner was working as Building Supervisor and was also in-charge of maintenance of buildings of a Firm in Chennai. That on 18.5.1998, at9.30 a.m., when he was at the Airport, to export Mangoes, brought from llledu Farms, Chunampet, by a van bearing Registration No. TN 01 J 4894, he was to ensure despatch of mangoes to Singapore. As it involved several procedures, he was attending one of the procedures, namely, getting clearance from Customs authorities. While he was waiting for the representative of Sita World (sic) Travels, clearing agent of Ganapathy Marketing Company, through which company, mangoes were exported, the Inspector of Police, Meenambakkam, respondent herein, arrested him and forcibly took him to the Police Station.

(3.) THE petitioner has further submitted that the Police Officer concerned is duty bound to verify the credentials and bonafides of the petitioner before effecting arrest. THE accusation of drunkenness, riotous and indecent officer at 10.30 a.m., in the Cargo Complex of the International Airport has caused mental agony and embarrassment to him, and to the members of the family. It is his further contention that though he was running from pillar to postto ascertain the reasons for his arrest and detention, he was not furnished with the copies of the required documents, which the respondents are constitutionally bound to do so and taking advantage of the belated filing of the final report which resulted in the FIR being struck off, the falsity, in launching the prosecution against the petitioner, came to be buried and that the petitioner is deprived of an opportunity to prove his innocence.