ALAGAMMAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard Mr. J. Saravanavel, learned counsel for the petitioner and Mrs. Narmadha Sampath, learned Additional Advocate General appearing on behalf of the respondents 1 to 3.

(2.) The petitioner, who was aged about 25 years in the year 2002, was employed as a Noon Meal Worker at Kurumbalur and belongs to Scheduled Caste Community. The present Writ Petition has been filed seeking for a direction to the respondents to pay compensation of Rs. 5 lakhs, predominantly on the ground that she was subjected to assault, torture and other acts of human rights violation by the fourth respondent and some other policemen and also on the ground that she was taken to police custody in violation of the procedure contemplated for arrest.

(3.) Certain facts as alleged by the petitioner, leading to the incident are that, there was an estranged relationship between the petitioner and her husband, owing to which a panchayat was held by the local villagers wherein, the petitioner was directed to pay a penalty of Rs. 51,000/-. In the meanwhile, when the petitioner had filed divorce proceedings before the Sub-Ordinate Court, Sivagangai, the villagers had excommunicated her from the village, for approaching the Court of law instead of approaching the customary village panchayat. Subsequently, when she had tried to plough her land, it was objected by way of a complaint before the panchromatic, wherein she was directed to prostrate before the panchayat, stating that for every prostrate, a sum of Rs. 1000/- shall be deducted from the total fine of the panchayat. After she had prostrated 47 times, she could not continue further and thereby, the fine amount came to be reduced to Rs. 4000/-. When the petitioner refused to pay the sum of Rs. 4000/-, she was badly scolded and abused in the name of her community, owing to which, she had given a complaint before the Superintendent of Police, Sivagangai District, which was registered in Cr. No. 24 of 2000. The complaint, later came to be closed as a mistake of fact. Thereafter, since the atrocities continued against the petitioner from certain named persons, she had given a complaint to the All India Democratic Women Association and inspite of the same, the abusement and atrocities continued.