M KALITHAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition came to be posted under the orders of the Honourable Acting Chief Justice, dated 06.1.2009. The matter originally came up before the learned Single Judge. By an order dated 22.10.2008, the matter was referred to be heard by a Division Bench. Hence, the writ petition stood posted before this Division Bench.

(2.) THE petitioner is the wife of one Marisamy and a resident of Nelkattumseval, Vasudevanallur, Sivagiri Taluk, Tirunelveli District. She has filed the present writ petition seeking for a compensation of Rs.10 lakhs from the respondents as damages for having caused the death of her husband while he was in the custody of the fourth respondent.

(3.) IT is seen that an RDO enquiry was conducted against the death of the petitioner's husband under Police Standing Order No.145. The Revenue Divisional Officer, Tirunelveli by his report dated 12.3.1999 found that the death was due to suffocation and due to hanging as opined by the Medical Officer and not due to torture by the police personnel. This report was sent to the District Collector, Tirunelveli, who agreed with the report of the Revenue Divisional Officer and forwarded it to the State Government.