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Madras High CourtWP/28699/2018disposed of

A.R.Palani v. State Rep By Its Principal Secretary

2019-01-23Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.01.2019 CORAM :

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.28699 of 2018 A.R.Palani .. Petitioner Vs.

State Rep. by its Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St.George, Chennai - 600 009. .. Respondent PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent to pay a sum of Rs.3,00,000/- towards compensation by implementing the order passed by the State Human Rights Commission Case No.SHRC.7948 of 2012 dated 28.05.2018. For Petitioner : Ms.Selvi George For Respondent : Mr.N.Inbanathan Additional Government Pleader

O R D E R

This Writ Petition is filed for mandamus directing the respondent to pay a sum of Rs.3,00,000/- towards compensation by implementing the order passed by the State Human Rights Commission in Case No.SHRC.7948 of 2012 dated 28.05.2018.

2. After issuing notice, orders were issued in G.O.(2D). No.423 dated 14.12.2018 by the Additional Chief Secretary to Government, which reads that a sum of Rs.3,00,000/- awarded to the petitioner has to be paid by the Government and the mode of payment is mentioned therein as hereunder:

"4. The Director General of Police, Chennai is authorized to draw the amount of Rs.3,00,000/- (Rupees Three https://hcservices.ecourts.gov.in/hcservices/

lakhs only) sanctioned in para 2 above and to disburse the said amount to the complainant's father Thiru.A.R.Palani, S/o.Ramasamy Mudaliar immediately under proper acknowledgement and to send a compliance report along with the proof of payment to Government immediately.

5. The Director General of Police is directed to recover an amount of Rs.1,00,000/- (Rupees One lakh only) each from the 1st Respondent Thiru.R.Srinivasan, then Assistant Commissioner of Police, Koyembedu, Chennai, 2nd respondent Thiru.R.Subramani, then Inspector of Police (Crime), Koyembedu Police Station, Chennai and 3rd respondent Thiru.S.Suresh, then Sub-Inspector of Police (Crime), Koyembedu Police Station, Chennai as per rules."

3. Heard Ms.Selvi George, learned counsel appearing for the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader appearing for the respondent.

4. As G.O. has already been passed, the respondent is directed to disburse the amount to the petitioner within a period of four weeks from the date of receipt of a copy of this order. In view of the G.O. passed, nothing survives in this Writ Petition for adjudication.

5. With the above observations, this writ petition is closed. No costs.

6. Post the matter 'For Compliance' on 25.02.2019. rsi Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Principal Secretary to Government, Home, Prohibition and Excise Department, Fort St.George,Chennai - 600 009.

2. The Govt.Pleader, High Court, Madras.

3. The Section Officer, Writ Section, High Court, Madras.

*(Post for Compliance on 25.02.2019) W.P.No.28699 of 2018 nrl(co) kak(24/01/2019) https://hcservices.ecourts.gov.in/hcservices/