Sonia Glory v. The Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 08.08.2016 Coram:

The Honourable Mr.SANJAY KISHAN KAUL, CHIEF JUSTICE and The Honourable Mr.Justice R.MAHADEVAN W.P.No.27121 of 2016 Sonia Glory ... Petitioner

Versus

1.The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2.The Secretary to Government, Home Department, Government of Tamilnadu, Fort St.George, 3.The Secretary to Government Law Department, Government of Tamil Nadu, Fort St.George, Chennai 600009.

4.The Commissioner of Police Chennai City, Poonamallee High Road,

5.The Chairman, State Legal Services Authority, High Court, Chennai 600 104.

... Respondents Petition filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to direct the respondents to frame Victim Compensation Scheme in the State of Tamil Nadu exercising the powers under Section 357-A of Criminal Procedure Code in accordance with Act 5 of 2009 came into effect on 31.12.2009.

For Petitioner ::: Mr.P.Bagyalakshmi For Respondents ::: Mr.M.K.Subramanian Government Pleader

O R D E R

(The Order of the Court was made by The Hon'ble The Chief Justice) The matter was taken up on 04.08.2016 when we observed that the Government Order has already been issued, but apparently notification bringing the Government Order into force had not been issued. The petitioner made a categorical assertion in the petition that they have not been notified.

Since the issue was only of notifying the same, we had observed to the effect that the notification be issued. However, before the order could be signed, the Member Secretary, Tamil Nadu State Legal Services Authority, Chennai brought to our notice that actually the notification was also issued, bringing into force published in the gazette on 30th November, 2013. Not only that, compensation had been paid in terms thereof. Thus, the very substratum of the petition did not exist and that is the reason why we listed the matter today ''for being mentioned''.

2. We are thus of the view that since the very cause for filing the petition does not exist-notification has been issued and published in the gazette on 30.11.2013, the petition has to be consequently dismissed.

3. The writ petition accordingly stands dismissed, leaving the parties to bear their own costs (S.K.K., CJ.) (R.M.D., J.) 08.08.2016 ksr

To 1.The Chief Secretary, Government of Tamil Nadu, Fort St.George, Chennai 600 009.

2.The Secretary to Government, Home Department, Government of Tamilnadu, Fort St.George, Chennai.

3.The Secretary to Government Law Department, Government of Tamil Nadu, Fort St.George, Chennai 600009.

4.The Commissioner of Police Chennai City, Poonamallee High Road, 5.The Chairman, State Legal Services Authority, High Court, Chennai 600 104.

The Hon'ble The Chief Justice and R. Mahadevan, J.

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08.08.2016