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Madras High CourtWP/28178/2019disposed of

R.Neelakandan v. The District Collector

2020-01-09Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 09.01.2020

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.28178 of 2019 R.Neelakandan .. Petitioner ..Vs..

1.The District Collector, Cuddalore District, Cuddalore.

2.Inspector of Police, Mandrakuppam Police Station, Mandrakuppam, Neyveli-2 .. Respondents PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the first respondent to forward the application of the petitioner dated 02.07.2019 to the District Legal Services Authority, Cuddalore or the State Legal Services Authority and on receipt of it's recommendation, to sanction victim compensation to the petitioner and his family for the death of the third daughter Radhika which is registered in Crime No.127/2017 on the file of the second respondent.

For Petitioner : Mr.P.Paramasiva Doss For Respondents: Mr.Govindasamy Additional Government Pleader

O R D E R

The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the first respondent to forward the application of the petitioner dated 02.07.2019 to the District Legal Services Authority, Cuddalore or the State Legal Services Authority and on receipt of it's recommendation,to sanction victim compensation to the petitioner and his family for the death of the third daughter Radhika which is registered in Crime No.127/2017 on the file of the second respondent/Inspector of police, Mandrakuppam Police Station, Mandrakuppam, Neyveli-2.

2.The Deputy Secretary of Tamil Nadu State Legal Services Authority is present before this Court today.

3. In the affidavit filed in support of the writ petition it is stated that the third daughter of the petitioner, Ms.Radhika, committed suicide on 10.06.2019, on the abetment by the third accused. In this connection a FIR has been registered in Crime No.127 of 2019 by the second respondent/Inspector of Police under Sections 306 of IPC r/w 67 of Information Technology Act. Thereafter, the petitioner herein had given a representation dated 02.07.2019 to the District Collector, Cuddalore, seeking compensation. Till date, his representation has not been considered by them. Hence, the present writ petition is filed.

4.The learned counsel for the petitioner is requested by this Court to forward a copy of the very same representation dated 02.07.2019 to the State Legal Services Authority at Chennai on or before 15.02.2020 along with requisite enclosures, since the Tamil Nadu State Legal Service Authority is not a party in this writ petition.

5. Mr.R.Govindasamy, learned Additional Government Pleader appearing for the respondents conceded to the limited request made by the learned counsel for the petitioner.

6. Without expressing any opinion on merits of the case and considering the limited request made by the learned counsel for the petitioner, this Court is inclined to forward the application of the petitioner dated 02.07.2019 to the State Legal Services Authority, Chennai with request to enquire the issue and deal with the representation, keeping in mind the orders passed which are similar in nature, on or before 28.02.2020 on merits and in accordance with the law. 7.With the above observation, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar tta

To 1.The District Collector, Cuddalore District, Cuddalore.

2.Inspector of Polie, Mandrakuppam Police Station, Mandrakuppam, Neyveli-2 3.Tamil Nadu State Legal Service Authority, Chennai.

+1cc to the Government Pleader SR.3225 W.P.No.28178 of 2019 SJ(CO) CB(21/02/2020)