Madras High CourtWP/41268/2025disposed of with direction

H.Saranya v. The State Of Tamilnadu

2025-11-05Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI H.Saranya W/o.Harikrishnan, No.11, Block 116, Tsunami Quarters, Ennore, Chennai - 600057.

Petitioner(s) Vs

1. The State Of Tamilnadu, Rep. By The Secretary, The Home Department, Fort St.George, Chennai 600 001.

2.The State Of Tamil Nadu, Rep. By The Secretary, The Tamil Nadu Legal Service Authority, North Road, High Court, Chennai 600 104.

3.The Chairman, The District Legal Service Authority, District Court Building, Thiruvallur 602 001.

4.The Director General Of Police, Dr. Radhakrishnan Salai, Chennai 600 005.

5.The Inspector Of Police, W-34, All Women Police Station, Ennore, Chennai 600 057.

6.The District Collector, Chennai District, Rajaji Salai, Chennai 600 001.

Respondent(s) PRAYER This Writ Petition has been filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus to issue a direction to respondents to grant 25% of interim victim compensation fund as per the benefit of G.O.Ms.No.1591 Home (Pol.12) dated 24/09/2018 and notified scheme of the Tamil Nadu Victim Compensation scheme for women victim / Survivors of Sexual Assault / other Crime, 2018 by considering the Application of the petitioner dated 14/10/2025 within a time frame as fixed by this Honourable court. For Petitioner(s):

Mr.K.Senthil For Respondent(s):

Mrs.S.Anitha, Special Government Pleader for RR1 to 3 Mr.S.Balaji, Government Advocate (Crl. Side) for R4

ORDER

This Writ Petition is filed to issue a direction to the respondents to grant 25% of interim victim compensation fund as per the benefit of G.O.Ms.No.1591 Home (Pol.12) dated 24.09.2018 and notified scheme of the Tamil Nadu Victim Compensation scheme for women victim/survivors of sexual assault/other crime, 2018 by considering the Application of the petitioner dated 14.10.2025 within a time frame as fixed by this Court.

2.The case of the petitioner is that the petitioner is doing flower business in platform N.S.C.Bose Road, Chennai - 104 and that the petitioner's sister namely P.Sukladevi is a special child and she is in the care and custody of the petitioner. The further case of the petitioner is that the petitioner's sister was raped by some unknown person and that the petitioner came to know of the said incident only after the petitioner's sister got pregnant. Immediately, thereafter the petitioner lodged a complaint before the fifth respondent police and an FIR was registered in Crime No.24 of 2025 under Section 64(2), (i), (j), (k) of BNS Act. Thereafter, the accused was identified and he was imprisoned. The

petitioner has now made an application before the respondents 2 and 3 on 14.10.2024 seeking for interim compensation as per G.O.M.S.No.1591 Home (Pol.12) dated 24.09.2018 and notified scheme of the Tamil Nadu Victim Compensation Scheme, 2018. However, the respondents have not yet passed any order on the application filed by the petitioner. Hence, the present Writ Petition.

3.The learned counsel for the petitioner would submit that as per Clause 12 of the Tamil Nadu Victim Compensation Scheme, the victim will be entitled to interim compensation of 25% of the maximum compensation payable to the victim. Further, the learned counsel also pointed out to the fact that the petitioner is currently 8 months pregnant and hence, the petitioner is entitled to interim compensation both under the head 'rape' and 'pregnancy on account of rape' as per the schedule given in the above said scheme, giving the particulars regarding the minimum limit and upper limit of compensation payable to the victims.

4.Heard the learned counsel for the petitioner and the learned counsel for the respondents 1 to 3 and also the learned counsel for the fourth respondent and perused the materials available on record.

5.In view of the undisputed facts, the petitioner is now directed to make an Application along with this order, before the third respondent seeking interim compensation, who in turn is required to conduct an enquiry on the Application of the petitioner and forward a report to the second respondent within a period of two weeks from the date on which the petitioner makes such an Application and the second respondent thereafter, is required to pass appropriate orders for payment of compensation to the petitioner in terms of G.O.M.S.No.1591 Home (Pol.12) dated 24.09.2018 and notified scheme of the Tamil Nadu Victim Compensation Scheme for women victim/Survivors of Sexual Assault/other crime, 2018, within a period of two weeks thereafter. No costs. 05-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes

Note: Issue order copy on 05.11.2025 To