U.Kalpana v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No. 19758 of 2021 U.Kalpana ... Petitioner /Vs/
1. The State of Tamil Nadu Represented by the Principal Secretary to Government, Department of Social Wlefare and Women Empowerment Department, Fort St.George, Secretariat, Chennai - 600 09.
2. The District Collector, Collector Office, GST Road, Chengalpattu District - 603 001.
3. The District Child Protection Officer, District Child Protection Office, Office No.317 K.T.S. Mani Street, Kanceepuram District - 631 502.
4. The Inspector of Police, All Women Police Station, Melmaruvathur, Kancheepuram - 603 319.
... Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying Writ of Madamus, directing 1st respondent to grant the petitioner's daughter (victim of POCSO Act) a fair and reasonable compensation amount as per the Scheme allotted by the Government of Tamil Nadu.
For Petitioner : Mr.Shaikh Mehrunisa For RR1 to R3 : Mr.U.Bharanidharan Additional Government Pleader For R4 : Mr.R.Murthi Government Advocate (Crl.Side)
ORDER
This writ petition has been filed for issuance of direction to 1st respondent to grant the petitioner's daughter (victim of POCSO Act) a fair and reasonable compensation amount as per the Scheme allotted by the Government of Tamil Nadu.
2. The case of the petitioner is that her child was abused by the accused namely one Baskar S/o.Amaladass aged 25 years. The law enforcing agency filed FIR in Crime No.09 of 2013 dated 20.11.2013 under Sections 376, 506(i) of IPC and Section 4 of the Protection of Children from Sexual Offenses Act, 2012 (for short 'POCSO Act'). After investigation the offences was altered to one under Section 506(ii) of IPC and Section 4 r/w 3 of Protection of Children from Sexual Offenses Act, 2012 and charge sheet was filed and taken on file in S.C.No.07/2014 by the Mahila Court, Chengalpattu. After completing trial, judgment was passed on 12.08.2015 convicting the accused.
Though, the above said case was disposed, however, no application was filed before the Mahila Court, Chengalpattu for payment of compensation to the petitioner or in favour of the victim child. As per Section 9(1)(2) of the POCSO Rules, the victim is entitled to receive compensation by order of the Sessions Court or by the authorities. Since no order was passed for payment of compensation, the present writ petition has been filed.
3. The learned Counsel appearing for the petitioner submitted that in the Sessions Court no order has been passed for the payment of compensation to the petitioner, this Court may issue direction to 1st respondent to consider the petitioner's representation dated 30.08.2021 within a reasonable time as fixed by this Court.
4. The learned Government Advocate has no objection for said order being passed.
5. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side and without going into the merits of the case disposed of the Writ Petition with a direction to 1st respondent to consider the petitioner's representation dated 30.08.2021 for payment of compensation and pass appropriate orders, on merits and in
accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar gba To
1. The State of Tamil Nadu Represented by the Principal Secretary to Government, Department of Social Wlefare and Women Empowerment Department, Fort St.George, Secretariat, Chennai - 600 09.
2. The District Collector, Collector Office, GST Road, Chengalpattu District - 603 001.
3. The District Child Protection Officer, District Child Protection Office, Office No.317 K.T.S. Mani Street, Kanceepuram District - 631 502.
4. The Inspector of Police, All Women Police Station, Melmaruvathur, Kancheepuram - 603 319.
+1cc to the Government Pleader, S.R.No.61118 W.P.No. 19758 of 2021 CP(CO) SU(08/12/2021)