U.Vasuki v. State Of Tamilnadu

W.P.No.32062 of 2014 THE HON'BLE CHIEF JUSTICE AND M.M.SUNDRESH, J.

The affidavit filed by the Additional Secretary to Government, Public Department, only mentions the authorisation in favour of the District Collector, Krishnagiri, to draw the total amount of Rs.4 lakhs being compensation, to be disbursed at Rs.1 lakh each to the four victims. This amount is also yet to be paid as the Government Order was issued only on 12.2.2015. 2.We may, however, note that as per para 7 of our order dated 6.1.2015, we had clarified that as per the Government Order dated 30.11.2013, the maximum amount of compensation specified therein at Rs.3 lakhs, was payable as compensation. But, we fail to appreciate how the Officer himself can reduce the compensation, after he has been directed vide order dated 6.1.2015, to pay compensation at Rs.3 lakhs per victim.

3.Before we initiate contempt proceedings against the Officer concerned, we would give one more opportunity to the Officer to ensure that the payment is made well before the next date and receipt obtained, failing which the Officer shall remain present in Court.

4.As far as final report is concerned, it is stated that the charge sheet has been filed; but, during the course of enquiry, it has not been found feasible to include the provision of Section 375 of Indian Penal Code. In our view, since the charge sheet has been filed, this is an aspect, which the concerned Magistrate would look into. 5.List for compliance on 9.3.2015.

(S.K.K.,C.J.) (M.M.S.,J.) 16-02-2015 nsv