Thilagakani F/23, (Died) v. National Legal Services Authority
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Thilagakani (died) 1.Santhosam 2.Minor K.Rubikasri .. Petitioners Vs.
1.National Legal Services Authority, No.12/11, Jam Nagar House, Shahjahan Road, New Delhi.
2.The Secretary to Government, Secretariat, St.George Fort, Chennai.
3.State AIDS Control Board, No.417, Parthiban Salai, Egmore, Chennai - 600 008.
4.The Secretary to Government, State of Tamilnadu, Social Welfare and Justice Department, Secretariat, Fort St.George, 1/6
Chennai- 600 009.
5.The District Collector, Virudhuangar District, Virudhunagar.
6.The District Welfare Officer, Social Welfare Department, Virudhunagar District.
7.The Inspector of Police, Vaniyampatti Police Station, Virudhunagar District.
8.Ayyappan .. Respondents [P2&P3 are substituted vide Court order dated 04.03.2022 in WMP(MD)3408/2022] Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the official respondents to provide suitable Government Job and compensation amount to the petitioner in pursuant to the illegal act committed by the 8th respondent herein on the basis of the petitioner's representation dated 13.09.2019. 2/6
For Petitioners : Mr.S.Vikram For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1, R2, R4 to R7 : Mr.M.Jothi Basu for R8 :Mr.Niraimathi for R3
O R D E R
The writ petition is filed for issuance of a writ of mandamus seeking a direction to the official respondents to provide compensation to the petitioner for the offence committed by the 8th respondent herein under Sections 376, 506(i) @ 366 A, 376, 307 r/w 34 IPC registered in Crime No. 56/2008 on the file of the 7th respondent.
2. It is reported that subsequent to the filing of writ petition, the petitioner died on 29.07.2020. Subsequently, Mrs.Santhosam, the petitioner's mother and her minor daughter have been impleaded as petitioners 2 and 3.
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3. The learned Additional Public Prosecutor for the State submitted that in order to avail compensation, the petitioners ought to have given a representation to either the District Legal Services Authority or the State Legal Services Authority. However, the deceased petitioner had not given any such representation. He further submitted that if any representation is given by the impleaded petitioners, that may be considered by the authority concerned.
4. In such circumstances, the impleaded petitioners may now send a fresh representation to either the District Legal Services Authority or the State Legal Services Authority. On receipt of such representation, the authority concerned shall consider the representation in accordance with law.
5. This writ petition is disposed of with the above direction. No Costs. 12.12.2022 PJL 4/6
To 1.National Legal Services Authority, No.12/11, Jam Nagar House, Shahjahan Road, New Delhi.
2.The Secretary to Government, Secretariat, St.George Fort, Chennai.
3.The Secretary to Government, State of Tamilnadu, Social Welfare and Justice Department, Secretariat, Fort St.George, Chennai- 600 009.
4.The District Collector, Virudhuangar District, Virudhunagar.
5.The District Welfare Officer, Social Welfare Department, Virudhunagar District.
6.The Inspector of Police, Vaniyampatti Police Station, Virudhunagar District.
7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN,J.
PJL W.P(MD)No.3473 of 2020 12.12.2022 6/6