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Madras High CourtWP/27487/2019disposed of

K.Gunasekaran, v. The Member Secretary,

2019-09-17Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2019

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.27487 of 2019 K.Gunasekaran ... Petitioner Vs.

1. The Member Secretary, State Legal Services Authority, North Fort Road, High Court Campus, Chennai 600 104.

2. The Secretary, The District Legal Services Authority, District Court Buildings, Chengalpattu, Kancheepuram District.

3. The Inspector of Police, Madurantakam Police Station, Kancheepuram District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent herein to consider the petitioner's representation dated 09.04.2019 seeking compensation under the Tamil Nadu Victim Compensation Scheme, 2013 in the light of the Government Order dated 30.11.2013 in G.O(Ms).No.1055, Home (Police XX) issued by the Home Department (Police XII), Tamil Nadu Government, within time frame to be stipulated by this Court.

For Petitioner : Mr.G.Mageshkumar For Respondents : Mr.C.Iyapparaj Additional Public Prosecutor

O R D E R

The limited prayer sought for in the present writ petition is for a direction to the respondents to consider the

petitioner's representation dated 09.04.2019 seeking compensation under the Tamil Nadu Victim Compensation Scheme, 2013.

2.Whenever a representation of its nature is made, the statutory authority is to bound to consider such a representation in accordance with law instead of keeping the petition pending indefinitely. The non-consideration of such representation would amount to dereliction of duty on the part of the statutory authorities and therefore, the petitioner would be justified in invoking Article 226 of Constitution of India. 3.In the light of the above observation, there shall be a direction to the 2nd respondent to consider the petitioner's representation, on its own merits and pass appropriate orders in accordance with law, as expeditiously as possible, in any event, within a period of six weeks from the date of receipt of a copy of this order.

4.The Writ Petition is disposed of accordingly. No Costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssr/bkn To

1. The Member Secretary, State Legal Services Authority, North Fort Road, High Court Campus, Chennai 600 104.

2. The Secretary, The District Legal Services Authority, District Court Buildings, Chengalpattu, Kancheepuram District.

3. The Inspector of Police, Madurantakam Police Station, Kancheepuram District.

4. The Public Prosecutor, High Court of Madras,Chennai.

+1cc to Mr.G.Mageshkumar, Advocate Sr.79555 W.P.No.27487 of 2019 mr[co] srg 15/10/2019