J. Vaideeswaran v. S.Saravanan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2022

CORAM

THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN and THE HONOURABLE Mr.JUSTICE KUMARESH BABU B.Mallika .... Appellant Vs 1.The District Collector 2.The District Child Protection Officer Department of Social Defence 154, M.M.Plaza, IInd Floor 3.The Legal-cum Probation Officer District Child Protection Unit 154 M.M.Plaza, 2nd Floor 1/6

4.The Residential Medical Officer Government Head Quarters Hospital Near Old Bus Stand 5.The Warden Annai Angel Short Stay Home Rover Arch Street Venkatesapuram 6.The Inspector of Police All Women Police Station 7.The District Social Welfare Officer Collectorate Campus .... Respondents Prayer : Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 22.10.2018 made in W.P.No.25581 of 2018 and allow the appeal.

For Appellant : Ms.K.Ahkilandeswari For Respondents : Mr.Vadivelu Deenadayalan Additional Government Pleader 2/6

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN.J] It is rather an unfortunate case where the daughter of the petitioner conceived of sexual assault on her. The attempt of the petitioner to have the pregnancy terminated medically failed because the medical opinion was against the said termination. Pending appeal, the daughter of the appellant had delivered a child. Therefore, the Division Bench had directed payment of Rs.1,25,000/- as interim compensation and the same has also been paid.

2. The learned counsel for the appellant would submit that she would be entitled to something more under the victim compensation scheme.

3. The State had introduced 'Compensation Scheme for Women Victims / Survivors of Sexual Assaults and other Crimes-2018' vide G.O.(Ms.) No.1591 dated 24.09.2018 as per the directions of the Hon'ble Supreme Court in its order dated 11.05.2018 in W.P.(Civil) No.565/2012. Under the said Government Order, the Member Secretary, District Legal Services Authority is the designated authority for determining the compensation under the said compensation scheme and the amount of compensation payable is also fixed under the said 3/6

Government Order. Since the original purpose of writ petition itself has become illusory, we dispose of the appeal leaving it open to the appellant to apply to the Member Secretary, District Legal Services Authority, Perambalur, seeking compensation under the scheme referred to supra. If such an application is made by the appellant for compensation, the Member Secretary, District Legal Services Authority, Perambalur will dispose of the same within a period of two months from the date of filing of the application. No costs. [RSMJ] [KBJ] 27.09.2022 Index : Yes / No Speaking order / Non-speaking order ds 1.The District Collector 2.The District Child Protection Officer Department of Social Defence 154, M.M.Plaza, IInd Floor 4/6

3.The Legal-cum Probation Officer District Child Protection Unit 154 M.M.Plaza, 2nd Floor Perambalur, Perambalur District.

4.The Residential Medical Officer Government Head Quarters Hospital Near Old Bus Stand 5.The Warden Annai Angel Short Stay Home Rover Arch Street Venkatesapuram 6.The Inspector of Police All Women Police Station 7.The District Social Welfare Officer Collectorate Campus 5/6

R.SUBRAMANIAN. J., ds 27.09.2022 6/6