SUDHARSHINI Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) THIS writ appeal has been filed against the impugned judgment of the learned single Judge dated 19. 1. 1998. We have heard learned counsel for the parties.

(2.) THE petitioner/appellant filed the writ petition alleging that her son was arrested by the police and beaten and tortured because of which he died. A counter affidavit has been filed by the Inspector of Police denying all the allegations of the petitioner/appellant. The learned single Judge has dismissed the writ petition and hence this writ appeal.

(3.) IN our opinion, since the allegations of the petitioner/appellant have been denied in the counter affidavit, there is oath against oath. This Court in writ jurisdiction does not normally resort to oral evidence and cross examination. Hence the appropriate remedy for the petitioner/appellant is to file a civil suit for damages. The writ appeal is dismissed on the ground of alternative remedy. However, if a civil suit is filed the same shall be decided very expeditiously. No costs.