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Madras High CourtWP/12740/2021disposed of

Ramalingam v. The Chairman

2021-06-23Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R. MAHADEVAN W.P.No.12740 of 2021 Ramalingam .. Petitioner Vs.

1.The Chairman, Tamilnadu State Legal Service Authority, High Court Campus, Chennai.

2. The Chairman, District Legal Services Authority, Chengalpattu .. Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus directing the respondents to provide adequate compensation to the petitioner in light of the victim compensation scheme 2013 on the basis of the petitioner's representation dated 10.11.2020 within a stipulated time that may be fixed by this Court. For Petitioners : Mr.M.R.Franklin For Respondents : Mr. Stalin Abhimanyu, Govt. Advocate for R1 and R2

O R D E R

The petitioner has come up with this Writ Petition to issue a Writ of Mandamus directing the respondents to provide adequate compensation to him in the light of the Victim Compensation Scheme 2013 by considering his representation dated 10.11.2020 within a time frame.

2. According to the petitioner, his son by name Gowthamraj had committed suicide by jumping in front of the train on 22.02.2019 due to the reason that one M/s.Kai Kodukkum Kai, an Educational Institution, situated at Nazarethpet, Chinna Kancheepuram, where the deceased was working, refused to hand over his original certificates. Seeking compensation for the death of his son, as per Victim Compensation Scheme, vide https://hcservices.ecourts.gov.in/hcservices/

G.O.Ms.No.1055 Home (Police XII) Department, Dated 30.11.2013, the petitioner made a representation to the 1st respondent on 10.11.2020, who, in turn, forwarded the same to the 2nd respondent. However, the 2nd respondent did not take any action on the same. Hence, this Writ Petition.

3. The learned counsel for the petitioner submitted that as per Section 357A Cr.P.C., it is the bounden duty of the 2nd respondent to pass orders on the representation of the petitioner within two months from the date of receipt of the representation, but till date, no order was passed. Hence, this Court may direct the respondent authorities to pass necessary orders with regard to the claim of the petitioner.

4. On the other hand, the learned Government Advocate appearing for the respondents fairly submitted that the second respondent would consider the representation of the petitioner dated 10.11.2020 and pass orders, on merits within a reasonable time to be fixed by this Court.

5. In view of the above, the 2nd respondent is directed to consider the representation of the petitioner dated 10.11.2020 and pass appropriate orders, on merits and in accordance with law and also in the light of the Victim Compensation Scheme, 2013, within a period of six weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar msr To

1. The Chairman, Tamilnadu State Legal Service Authority, High Court Campus, Chennai.

2. The Chairman, District Legal Services Authority, Chengalpattu +1cc to The Government Pleadaer, SR No. 29400 W.P.No.12740 of 2021 BR(CO) B.VC (03/08/2021) https://hcservices.ecourts.gov.in/hcservices/