M A MEERAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THESE two appeals are directed against the order dated 08.08.2003 in W.P.No.6769 of 1995, whereby, the learned single Judge directed the State to pay a sum of Rs.3 lakhs as compensation to the 1st appellant in W.A.No.3120 of 2003, who was the writ petitioner (died during the pendency of this appeal) for his illegal detention by the Sub -Inspector of Police, Athirampatnam Police Station.

(2.) W .A.No.3120 of 2003 is filed by Meeran (writ petitioner) for enhancement of compensation and W.A.No.3961 of 2003 is filed by the State for reduction of compensation. Since both the appeals are filed against one order, they are disposed of by a common judgment. The parties are referred to as they are described in W.A.No.3120 of 2003 to avoid confusion. During the pendency of appeal, the said Meeran died and his legal representatives were brought on record as appellants.

(3.) BUT , the respondents had denied the case of the appellant that the deceased appellant was taken by the 6th respondent on 27.11.1994 at 7.30 PM. In other words, the respondent police totally denied the illegal detention in between the period 27.11.1994 and 03.12.1994 as stated by the appellants. But the deceased appellant had approached this Court by way of writ petition, namely, W.P.No.6769 of 1995, to punish all the police officials for illegally confining him for six days in different police stations and also direct the respondents to pay a sum of Rs.5 lakhs as compensation for deprivation of his fundamental rights, loss of dignity and injuries sustained while he was confined in the illegal custody.