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Madras High CourtWP(MD)/2223/2026dismissed

Pandiaselvi M v. The District Collector

2026-01-30Honourable Mr Justice Krishnan Ramasamy8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/01/2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY M.Pandiaselvi ... Petitioner Vs.

1. The District Collector, District Collector Office, Madurai.

2. Adi Dravidar and Tribal Welfare Officer, Adi Dravidar and Tribal Welfare Office, Madurai.

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order of the 1st respondent dated 03.11.2025 in proceedings Na.Ka. Adi6/26447/2014 (C.Pa.Va.No.29/2025) and quash the same and consequently direct the 1st respondent to provide relief to the petitioner as contemplated in Rule 21(i) of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Rules, 1995 by providing employment to the petitioner on the basis of the 1/8

representation dated 06.08.2025 within the stipulated time as fixed by this Court.

For Petitioner : M/s.K.Muthumalai For Respondent : Mr.K.Balasubramani Special Government Pleader

ORDER

Challenging the order dated 03.11.2025 passed by the 1st respondent rejecting the claim of the petitioner to provide employment to her under Serial No.21 to Annexure-I of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act 1989, this writ petition is filed to quash the said order with a consequential direction to the 1st respondent to provide relief to the petitioner as contemplated under the abovesaid provision on the basis of the petitioner's representation dated 06.08.2025. 2.

The petitioner submits that her husband was murdered on 25.07.2018 and in terms of Serial No.21 to Annexure-I of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act 2/8

1989, the petitioner is entitled to employment. Therefore, she made an application on 06.08.2025 to the respondents. However, without giving any reference to Serial No.21 to Annexure-I of the SC/ST Act, the 1st respondent rejected the request of the petitioner through the impugned order. Hence, this writ petition. 3.

Learned Special Government Pleader appearing for the respondents would submit the petitioner's husband was murdered on 25.07.2008 and the petitioner made an application seeking employment under Serial No.21 to Annexure-I of the SC/ST Act on 06.08.2025 after completion of 17 years from the date of murder. However, the learned Additional District and Sessions Court, Madurai, by judgment dated 06.02.2016 in S.C.No.48 of 2012 has acquitted the accused holding that they are not guilty of offences under Section 3(2)(v) of the SC/ST Act and the petitioner has not filed any appeal against the said judgment, as such, the judgment attained finality. When the accused themselves were acquitted by exonerating them from the charges under SC/ST Act, the question 3/8

of considering the petitioner's application for employment under Serial No.21 to Annexure-I of the SC/ST Act does not arise. Further, the petitioner has made application seeking employment after inordinate delay of 17 years. Thus, the 1st respondent has rightly rejected the application of the petitioner and hence the impugned order does not require any interference by this Court. 4.

Heard both sides and perused the materials available on record.

5.

Before going into the facts of the case, it would be apposite to extract below Serial No.21 to Annexure-I of Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, 1989: Sl.

No.

Name of offence Minimum amount of relief 4/8

Victim of murder, death, massacre, rape, mass rape and gang rape, permanent incapacitation and dacoity.

In addition of relief amounts paid under above items, relief may be arranged within three months of date of atrocity as follows:- (i) Pension to each widow and/or other dependants of deceased, SC and ST @ Rs.3,000 per month, or Employment to one member of the family of the deceased, or provision of agricultural land, and house, if necessary by outright purchase.

(ii) Full cost of education and maintenance of the children of the victims. Children may be admitted to Ashram. Schools/residential schools.

(iii)Provisions of utensils, rice, wheat, dais, pulses, etc. for a period of three months.

6.

Perusal of the above clause would show that victims of murder, death, massacre, rape etc., are entitled to Rs.3,000/- per month or employment to one member of the family or provision or agricultural land and other benefits as stated above. The said provision also states that the said relief may be arranged within three months of the date of atrocity. In the present case, 5/8

admittedly, no application was made within three months from the date of atrocity, for the purpose of getting employment. The object of the above clause is to meet out the immediate financial difficulties that would cause due to the death/murder of the family member. In this case, no such application was made within three years or within the reasonable period from the date of murder of the petitioner's husband. Thus, it was presumed that the petitioner was not in financial constraints due to murder of her husband and that is the reason why she had not made any application and now after 17 years, the petitioner has made application seeking employment under Serial No.21 to Annexure-I of SC/ST Act.

Considering the object of the said provision which is intended to meet out immediate financial difficulties of the victim's family, I am of the view that the said provision cannot be applied to the petitioner's application which has been made after 17 years. It is also stated that the petitioner was given lumpsum amount of Rs.3,75,000/- as compensation by the order of the District Collector, Madurai, dated 10.03.2025.

7.

For all the abovesaid reasons, I do not find any infirmity in the impugned order. There is no merit in the writ petition. Accordingly, the Writ Petition stands dismissed. No costs.

30.01.2026 Index : Yes / No bala 7/8

KRISHNAN RAMASAMY, J.

bala To

1. The District Collector, District Collector Office, Madurai.

2. Adi Dravidar and Tribal Welfare Officer, Adi Dravidar and Tribal Welfare Office, Madurai.

ORDER MADE IN DATED : 30.01.2026 8/8