LAWS(MAD)-2023-1-391

RATHINAM Vs. STATE OF TAMIL NADU

Decided On January 12, 2023
RATHINAM Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The Writ Petition has been filed seeking interim compensation since the petitioner's son was kept under illegal custody from 31/10/2019 to 14/7/2020.

(2.) The facts leading to the filing of the Writ Petition are as follows:

(3.) Mr. Henri Tiphagne, learned counsel for the petitioner submitted that the second respondent had fairly conceded that two officials were responsible for gross dereliction of duty and action has been initiated against one official and action was being contemplated as against another official. In view of the admission made by the second respondent about the dereliction of duty and gross negligence, the State is bound to compensate the convict as per the law laid down by the Hon'ble Supreme Court in the case of Rudul Sah v. State of Bihar reported in (1983) 4 SCC 141.