J.Anbarasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2021

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.3889 of 2021 J.Anbarasan

...Petitioner

Versus

1. The District Collector, Collectorate, Thiruvarur District.

2. The Inspector of Police, Edaiyur Police Station, Thiruvarur District.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 1st respondent to pay the remaining relief amount to the petitioner contemplated Rule 12 94) of the Schedules Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 (Amendment Rules, 2016).

For Petitioner : Mr.P.Vijendran For Respondents: Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 & R2

O R D E R

This writ petition has been filed for the issue of writ of mandamus to release the amount to the petitioner in line with the concerned Rule under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the respondents.

3.It is seen from records that initially an FIR came to be registered in Crime No.240 of 2014 for offences under Sections 307 IPC r/w V of SC/ST (Prevention of Atrocities) Amendment Ordinance Act, 2014. The petitioner had sought for the https://hcservices.ecourts.gov.in/hcservices/

release of compensation as provided under the relevant Rules and a sum of Rs.90,000/- was paid to the petitioner. Subsequently, the case came up for trial in SC.No.62 of 2018 and the accused persons were acquitted of all charges.

4.The grievance of the petitioner is that he should have been paid a sum of Rs.2,25,000/- and only a sum of Rs.90,000/- was paid to him and therefore, he has approached this Court to direct the 1st respondent to release the balance amount to the petitioner.

5.In the considered view of this Court, if the case had ended in conviction, there was scope to consider the relief sought for by the petitioner. However, unfortunately the case has ended in acquittal and the relevant Rules do not provide for the payment of any relief in such cases. The petitioner had approached this Court by filing a writ of mandamus and such a mandamus can be issued only where there is a legal right. In the absence of any legal right, no directions can be issued by this Court. In view of the same, this Court cannot grant the relief as sought for in this writ petition.

6.In the result, this writ petition stands dismissed. No Costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr To 1.The District Collector, Collectorate, Thiruvarur District.

2.The Inspector of Police, Edaiyur Police Station, Thiruvarur District.

3.The Public Prosecutor, High Court, Madras.

+1 cc to Mr.P.Vijendran, Advocate Sr.No. 16351 W.P.No.3889 of 2021 PMK(CO) RMP(09/04/2021) https://hcservices.ecourts.gov.in/hcservices/