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Madras High CourtWP/32697/2022disposed of

V.Rukmani v. The Home Secretary

2022-12-06Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN W.P. No. 32697 of 2022

1. V. Rukmani

2. G. Latha

3. G.Geetha

4. G.Divya ... Petitioners Vs.

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

2. The District Collector, Collectorate, Chennai 600 001.

3. The Director General of Police, Tamil Nadu Police Station, Chennai 600 004.

4. The Commissioner of Police, Chennai City Police, Vepery, Chennai 600 007.

5. The Inspector of Police, P-6, Kondungaiyur Police Station, Chennai 600 118. ...Respondents

PRAYER: Writ Petition is filed under Article 226 of Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioners dated 14.07.2022 in awarding compensation for the death of the 1st petitioner's son Gopi who was murdered on 27.02.2022.

For Petitioners : Mr.K.A.Mariappan For Respondents : Mr.S.Santhosh Government Advocate (Crl.Side)

O R D E R

The Writ Petition has been filed to direct the respondents to consider the representation of the petitioners dated 14.07.2022 in awarding compensation for the death of the 1st petitioner's son Gopi who was murdered on 27.02.2022.

2. The learned Counsel for the petitioners submitted that the accused, who murdered the first petitioner's son informed about the violence that took place against her son in connection with running a shop in the market. In this regard, a complaint was given on 23.04.2021 before the 5th Respondent. However, the 5th Respondent had not taken any action against the

complainant. Emboldened by the same, the accused by name Aravind, Anand and three more persons had committed the murder of her son on 27.02.2022. Had the police acted immediately on the basis of the complaint dated 23.04.2021, the first petitioner's son would not have been murdered and only because of the lackadaisical attitude of the Government, she lost her son in the murder. However, this petition is filed seeking direction to respondent to consider the representation for compensation.

3. The learned Government Advocate (Crl.Side) submitted that the FIR in Crime No.219 of 2022 registered for the offence under Sections 147,148, 341, 307, 302, 506(2) of IPC, investigation is completed and final report was also filed and the case was taken cognizance in S.C.No.285 of 2022 and it is pending on the file of the VI Additional City Civil Court, Chennai for framing of charges. He further submitted that the representation sent by the petitioner was received and it was pending consideration for grant of compensation under Victim Compensation Scheme.

4. Considering the rival submissions, this Court directs the respondent police to take immediate and proper steps for awarding

compensation for the defacto complainant under the Victim Compensation Scheme.

5. With the above direction, this Writ Petition is disposed of. No costs.

06.12.2022 Index :Yes/No Internet:Yes/No Sma

To

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

2. The District Collector, Collectorate, Chennai 600 001.

3. The Director General of Police, Tamil Nadu Police Station, Chennai 600 004.

4. The Commissioner of Police, Chennai City Police, Vepery, Chennai 600 007.

5. The Inspector of Police, P-6, Kondungaiyur Police Station, Chennai 600 118.

6. The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN, J.

Sma W.P. No.32697 of 2022 06.12.2022