B KALYANI Vs. DISTRICT COLLECTOR VILLUPURAM

JUDGEMENT

(1.) The unsuccessful plaintiff in both the lower Courts, who has lost his claim for damages against the District Collector and the Deputy Superintendent of Police, Villupuram District, is the appellant herein. For brevity, the parties are addressed as plaintiff and defendants.

(2.) According to the plaintiff, he is a social worker with good reputation in the society, residing at Tindivanam. On 20.1.1992, agitations were done by Dravida Kazhagam members, in support of Karnataka Tamil residents, who were arrested. P.M.K. Leader, Thiru. Deeran, Thiru. Sambandam and the plaintiff went to the Police Station to visit the arrested persons. The second defendant, Deputy Superintendent of Police, warned him not to take any action against Thiru. A. Sankaran, with regard to his appointment as Public Prosecutor. Thereafter, the police officer shouted at him to "get out of the room" and thus, the plaintiff was humiliated and put to mental agony. On 21.1.1992, an All Party Meeting was conducted, condemning the act of the second respondent and that a complaint was sent to the Superintendent of Police, Villupuram on 23.1.1992, to take action against the second defendant. As the reputation of the plaintiff, both as a Social Worker and Senior Lecturer in Government College, was lowered in the mind of the public and for the mental agony, estimating the damages at Rs. 30,000/- a notice, under Section 80 CPC, was issued on 11.03.1992, for which, the second defendant sent a reply, dated 4.5.1992, denying its contents and his liability. According to the plaintiff, he has restricted his claim to Rs. 16,000/-and instituted the suit.

(3.) Denying the allegations made in the plaint, the second defendant has filed a written statement, submitting that he had joined duty as Deputy Superintendent of Police, in that place only a few months, prior to the alleged occurrence and that he had no occasion to know the plaintiff as a social worker. On 20.1.1992, while he was in the Circle office, instructing the Inspector of Police, about the law and order situation, regarding the agitation by some persons belonging to Dravidar Kazhagam, the plaintiff came there and introduced himself as a Professor of Tindivanam Arts College. The defendant offered him a seat. He was talking about the agitation. Suddenly, the plaintiff found fault with the Police Department, for giving a report, in favour of Mr. A. Sankaran, Advocate, Tindivanam, for his appointment as Public Prosecutor. When the discussion between them was going on, in a very normal manner, suddenly, the plaintiff started shouting, stating that Police had given clean chit to an anti-social element and if support is extented to the above said individual, the plaintiff along with others would "gherao" the Police. The second defendant was surprised at the sudden outburst of the plaintiff and requested him to control himself and advised him to go away. The plaintiff started absusing the Police. Thereafter, the second defendant has firmly told the plaintiff to go out of the Police Station. Even, while going out of the Police Station, the plaintiff has challenged the second defendant that he would give him enough trouble in his own way. According to the second defendant, the above said events alone had happened on 20.1.1992, inside the Inspector's room and he has denied the allegation that there was a bodily threat or humiliation to the plaintiff. For the above said reasons, he prayed for dismissal of the suit.