1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2011 CORAM : THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD) No.213 of 2011 and W.A.(MD) No.597 of 2010 K.Kandasamy ... Appellant in W.A.No.213 of 2011 4th Respondent in W.A.No.597 of 2010 A.Maria Grace ... Appellant in W.A.No.597 of 2010 4th Respondent in W.A.No.213 of 2011 Vs. 1.Tamil Sakthi 2.The State of Tamil Nadu, Represented by District Collector, Tirunelveli. 3.The Superintendent of Police, Tirunelveli District, Tirunelveli. ... Respondents 1 to 3 in both W.As. Appeals filed under Clause 15 of the Letters Patent against the order dated 18.12.2009 made in W.P.(MD) No.5145 of 2005. WP.No.5145 of 2005 Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus directing the first respondent to pay a sum of Rs.1,00,000/- (Rupees One Lakh only) as compensation to the petitioners to pain, suffering and mental agony and for violation caused to her and dignity and recover the same from the salary of the respondents 3 and 4 for their dereliction of duty. For Appellant : Mr.N.Mohideen Basha (in W.A.No.213/2011 & 4th Respondent in W.A.No.597/2010) For Appellant : Mr.S.Palanivelayutham (in W.A.No.597/2010 & 4th Respondent in W.A.No.213/2011) For 1st Respondent : Mr.V.M.Balamohan Thambi For Respondents 2&3 : Mr.R.Janakiramulu, in both WA's Special Government Pleader. https://hcservices.ecourts.gov.in/hcservices/ 2 COMMON JUDGMENT N.PAUL VASANTHAKUMAR,J & R.SUBBIAH,J. These appeals are directed against the order passed by the learned single Judge made in W.P.(MD) No.5145 of 2005, dated 18.12.2009 whereby the learned single Judge allowed the writ petition directing the second respondent to pay compensation of Rs.1,00,000/- to the first respondent and to recover the same from the appellants herein. 2.Since the issue involved in both the writ appeals are one and the same, these writ appeals are disposed of by way of this common judgment. 3.Brief facts which are necessary for the disposal of these appeals are as follows: The first respondent is a village girl hailing from a middle class family. One Manikandan, S/o.Vaithiyalingam, East Street, Koodankulam followed the first respondent for more than one and half years with bad motive. Without realizing his evil designs, she fell in his pretence of love. On 03.02.2005, the said Manikandan with the intention to have a sexual intercourse on the promise that he would marry her took her to the banks of Uppliyapattukulam tank and had sexual intercourse with her. Thereafter, the said Manikandan left her alone and went back on his promise. On 04.02.2005, when the first respondent went to the house of the said Manikandan with her parents, the family of the said Manikandan demanded a sum of Rs.1,00,000/- and 100 sovereigns of gold. Thereafter, only the first respondent felt that she was cheated and deceived and she was in physical and mental pain on account of the rape committed on her and also due to the public knowledge of the incident. Hence, the father of the first respondent went to the police station on 04.02.2005 to lodge a complaint with the Inspector of Police, (the appellant in W.A.No.213 of 2011) Valliyur for offences punishable under Sections 417, 376, 366 IPC and Section 4 of the Dowry Prohibition Act. But the appellant in W.A.No.213 of 2011 did not take any action on the complaint presented by the father of the first respondent, apparently, due to the influence of the family of the said Manikandan and slept over the matter for two days and only due to the repeated request, the appellant in W.A.No.213 of 2011 directed the first respondent to go to All Women Police Station, Valliyur with an endorsement dated 06.02.2005 on the back side of the complaint lodged by the father of the first respondent. Thereafter, the first respondent has approached the All Women Police Station, Valliyur. But the Inspector of Police,(appellant in W.A.No.597 of 2010) All Women Police Station, Valliyur has also not registered any complaint on the rape committed by the said Manikandan. Hence, the first respondent was constrained to send representation to the higher authorities. There was no https://hcservices.ecourts.gov.in/hcservices/ 3 response. In the meanwhile, the news about rape on the first respondent and refusal to marry her by Manikandan spread like wild fire and she had become an object of public ridicule and become the subject of talk. Hence, the first respondent moved this Court by filing Crl.O.P.No.2619 of 2005 to register the complaint against the said Manikandan under Sections 366, 375(4), 376 and 417 IPC and direct an independent agency to investigate it and take appropriate legal action and to direct the second respondent (State) in both the appeals to pay a sum of Rs.1,00,000/- for damages to the first respondent for the pain and suffering undergone by her and also for violation caused to the human dignity and rights resulting dereliction of duty of the appellants and also to direct the 2nd respondent to initiate action against the appellants. The learned single Judge, by order dated 10.03.2005 admitted the criminal original petition and ordered notice to the respondents. When the matter was taken up for final disposal on 29.03.2005, the appellant in W.A.No.597 of 2010 informed this Court that she has registered the complaint on 17.03.2005 under Sections 317 and 376 IPC. But this Court has also found that there was a dereliction of duty on the part of the appellants in registering the F.I.R and directed the respondents to register a case also under Section 366 IPC and Section 4 of the Dowry Prohibition Act. Moreover, this Court directed the Superintendent of Police, Tirunelveli to look into the matter immediately and monitor the investigation. This court has also granted liberty to the first respondent to take appropriate action in respect of compensation as sought for in the said petition for a pain and suffering undergone by her resulting from dereliction of duty in registering the complaint by the appellants. Thereafter, the first respondent filed the writ petition seeking for a direction to the appellants to pay a sum of Rs.1,00,000/- to the first respondent compensating for pain, suffering and mental agony and violation caused to her human dignity and rights resulting from the dereliction of duty by the appellants and to recover the same from the salary of the appellants and to direct the third respondent to initiate suitable departmental action against the appellants. 4.Though a counter affidavit has been filed by the second respondent, the District Collector, Tirunelveli, no explanation was given in the counter affidavit with regard to the action initiated as against the appellants. The learned single Judge on consideration of the submissions made by the learned counsel on either side directed the second respondent to pay compensation of Rs.1,00,000/- to the first respondent and to recover the same from the appellants herein and also directed the Director General of Police, Chennai to take appropriate departmental action against the appellants for having failed in their duty of not registering the complaint immediately. Hence, the present appeals. 5.We have heard the submissions made by the learned counsel on either side and perused the materials available on record. https://hcservices.ecourts.gov.in/hcservices/ 4 6.It is the submission of the learned counsel for the appellants that only due to the non co-operation of the first respondent, the complaint could not be registered in time and it is further submitted that on several occasions, the first respondent had been summoned to attend police station for interrogation, she failed to appear and to co-operate with the investigation. Therefore, no delay could be found in registering the complaint on the part of the appellants. It is seen from the records, the complaint was lodged with the appellant in W.A.No.213 of 2011 on 04.02.2005 on serious allegations of rape, kidnapping, cheating i.e., for offences punishable under Sections 417, 376 and 366 IPC which are cognizable offences. Even after the complaint was forwarded to the Inspector of Police, appellant in W.A.No.597 of 2010 All Women Police Station, Valliyur, there was a delay of one month in registering the complaint which resulted in causing mental agony and pain to the first respondent. In fact, the complaint was registered on 17.03.2005 after receiving notice issued by this Court in Crl.O.P.No.2619 of 2005 which was filed for direction to register the complaint. 7.Considering the seriousness of the offences alleged, the appellants ought to have registered the complaint immediately. As per sub Section (1) of Section 154 of the Cr.P.C, every information relating to the commission of a cognizable offence, if given orally to an officer in charge of the police station, shall be reduced in writing and be read over to the informant and every such information shall be signed by the person giving it and the substance thereof shall be entered into in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. Therefore, as per Section 154(1) registration of complaint immediately is mandatory for cognizable offences. But in the instant case, the appellants have dealt with the matter very lightly, considering the entire scenario, the allegation made by the first respondent that the appellants have evaded to register the complaint on the influence of the family of the said Manikandan cannot be easily brushed aside. The Supreme Court in the decisions reported in AIR 1982 SC 604, (State of Haryana Vs.C.S.Bhajan Lal), (1974) 4 SCC 300 (Hallu Vs.State of M.P.) held that if any information relating to cognizable offence is laid before the police officer, the said officer has no option except to act in terms of Section 154(1) and (2) of Cr.P.C. In the decision reported in AIR 1993 SC 2644 (Andhra Pradesh Vs.Punati Ramulu and others), the Supreme Court held that refusal to receive the FIR on the ground that the place of crime does not fall within the territorial jurisdiction of the police station amounts to dereliction of duty. Refusal to register the complaint and keeping the same for 3 days by the appellant in W.A.No.213 of 2011 and not registering the FIR by the appellant in W.A.No.597 of 2010 for over one month is serious lapse on the part of the appellants. 8.In the decision reported in 2000 (2) SCC 465 (The Chairman, Railway Board V.Chandrima Das), it is held that "where the public https://hcservices.ecourts.gov.in/hcservices/ 5 functionaries are involved and the matter relates to violation of the fundamental rights or the enforcement of public duties, the remedy would still be available under the public law notwithstanding that a suit could be filed for damages under the private law". The first respondent was made to suffer due to the inaction of the appellants and to compensate the mental torture compensation is ordered by the learned single Judge by stating cogent reasons particularly noting the fact regarding undisputed facts. The learned single Judge also ordered to take appropriate departmental action against the appellants. Accountability of officers performing statutory duties shall be fixed if their non performances causes mental torture to the person aggrieved. The Supreme Court considered the said aspect in the decision reported in (2010) 6 SCC 193; 2010(3) LW 421 (SC) (Eureka Forbes Ltd. v. Allahabad Bank). In paragraphs 44 and 45, it is held thus: 44.....The concept of public accountability and performance of functions takes in its ambit proper and timely action in accordance with law. Public duty and public obligation both are essentials of good administration whether by the State instrumentalities and/or by the financial institutions. In the case of Centre for Public Interest Litigation v. Union of India &Anr. [(2005) 8 SCC 202], this Court declared the dictum that State actions causing loss are actionable under public law and this is as a result of innovation to a new tool with the court, which are the protectors of civil liberty of the citizens and would ensure protection against devastating results of State action. The principles of public accountability and transparency in State action even in the case of appointment, which essentially must not lack bona fides were enforced by the Court. All these principles enunciated by the Court over a passage of time clearly mandate that public officers are answerable both for their inaction and irresponsible actions. What ought to have been done, if not done, responsibility should be fixed on the erring officers then alone the real public purpose of an answerable administration would be satisfied. 45.The doctrine of full faith and credit applies to the acts done by the officers and presumptive evidence of regularity of official acts done or performed, is apposite in faithful discharge of duties to elongate public purpose and to be in accordance with the procedure prescribed. It is a known fact that, in transactions of government business, none would own personal responsibility and decisions are leisurely taken at various levels (refer State of A.P. v. Food Corporation of India[(2004)13 SCC 53] Principle of public accountability is applicable to such officers/ officials with all its vigour. Greater the power https://hcservices.ecourts.gov.in/hcservices/ 6 to decide, higher is the responsibility to be just and fair. The dimensions of administrative law permit judicial intervention in decisions, though of administrative nature, but are ex facie discriminatory. The adverse impact of lack of probity in discharge of public duties can result in varied defects not only in the decision-making process but in the decision as well. Every public officer is accountable for its decision and actions to the public in the larger interest and to the State administration in its governance". 9.It is a well accepted principle of law that equity shall be considered in a balanced manner while granting relief under Article 226 of the Constitution of India. The learned single Judge keeping in mind all the above principles passed the order in the writ petition. 10.Considering the entire facts of the case, we do not find any infirmity in the order passed by the learned single Judge. Hence, the writ appeals are dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, State of Tamil Nadu, Tirunelveli. 2.The Superintendent of Police, Tirunelveli District, Tirunelveli. 3.The Director General of Police, Chennai +1cc to Mr.V.M.Balamohan Tampi, Advocate, Sr.No.11204 +1cc to Mr.N.Mohideen Basha, Advocate, Sr.No.11113 +1cc to Mr.S.Palanivelayutham, Advocate, Sr.No.11304 common judgment made in W.A.(MD) No.213 of 2011 and W.A.(MD) No.597 of 2010 02.03.2011 sms SMA/17.03.2011/7C/6P https://hcservices.ecourts.gov.in/hcservices/