LAWS(MAD)-2015-2-132

POOVARASU Vs. STATE OF TAMIL NADU AND ORS.

Decided On February 06, 2015
Poovarasu Appellant
V/S
State Of Tamil Nadu And Ors. Respondents

JUDGEMENT

(1.) Heard V.Suresh, learned counsel appearing for the petitioner, Mr.S.Shanmugha Velayutham, learned Public Prosecutor, appearing for the respondents 1, 2, 7 & 8 and Mr.M.Muthappan, learned counsel for R3 to R6.

(2.) The petitioner seeks for issuance of writ of mandamus to direct the State Government and the Superintendent of Police, Vellore District to register an FIR against the respondents 3 to 6, who are the Police Officers attached to Kaveripakkam Police Station and the driver of the Police vehicle, for illegal detention, torture and causing grievous injuries to the petitioner under different provisions of the IPC, SC/ST (Prevention of Atrocities) Act, 1989 and the Protection of Human Rights Act, 1993, direct investigation of the same by a Police Officer of good reputation and unimpeachable integrity and not less than rank of Deputy Superintendent of Police of CBCID and award compensation of Rs.50 lakhs.

(3.) The petitioner would state that he belongs to a scheduled caste community and resident of Athipattu Village in Vellore District and stated to be working as agricultural labour and staying with his parents. According to the petitioner, there are two major communities in Athipattu village and there is a communal tension between the people belonging to 'vanniar' community and the people belonging to the 'scheduled caste' community. Further, the petitioner would state that another major issue which affects the dalit people of Athipattu village is indiscriminate sand mining from the riverbed without any regard for the environmental consequences and many of the youth belonging to the scheduled caste community have been protesting against the illegal indiscriminate sand mining, which according to the petitioner is being done by people belonging to the other community.