Kalavathi v. The Principal Secretary To Govt Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.10.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Kalavathi ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Department of Home Prohibition and Excise, Secretariat, Chennai.

2.The District Collector, Pudukkottai.

3.The Superintendent of Police, Pudukkottai.

4.The Deputy Superintendent of Police, Illupur Post and Taluk, Pudukkottai.

5.The Inspector of Police Annavasal Police Station, Illupur Post and Taluk, Pudukkottai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to frame appropriate guideline for award of compensation in the light of the 1/4

orders of the Honble Apex court in Suresh and another VS. State of Haryana, reported in ( 2015 ) 2 SCC 227 and further direct the respondents to enhance the compensation to RS.10 00 000/- within a reasonable period of time to be stipulated by this Court.

For Petitioner : Mr.P.Ganapathi Subramanian For R-1 & R-2 : Mr.A.K.Manikkam, Special Government Pleader For R-3 to R-5 : Mr.R.Sivakumar, Government Advocate (Criminal Side)

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the first respondent to award compensation to the petitioner and her two minor daughters under the Victim Compensation Scheme.

2. When the matter was taken up for hearing today, the learned Government Advocate appearing on behalf of respondents 3 to 5 has submitted the proceedings of the District Legal Services Authority, Pudukottai, dated 14.02.2020. By virtue of these proceedings, the compensation amount has been fixed and a sum of Rs.2,00,000/- (Rupees Two Lakhs only) was payable to the petitioner, since she is the wife of the 2/4

deceased and a sum of Rs.1,00,000/- (Rupees One Lakh only) is payable to the daughter of the deceased. In the light of the order passed by the District Legal Services Authority, there is no scope for once again ordering for compensation in this case. If the petitioner is aggrieved by the decision taken by the District Legal Services Authority, the petitioner has to necessarily challenge the said order.

3. This Writ Petition is disposed of with the above directions. No costs.

12.10.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Principal Secretary to Government of Tamil Nadu, Department of Home Prohibition and Excise, Secretariat, Chennai.

2.The District Collector, Pudukkottai.

3.The Superintendent of Police, Pudukkottai.

3/4

N.ANAND VENKATESH, J.

tsg 4.The Deputy Superintendent of Police, Illupur Post and Taluk, Pudukkottai.

5.The Inspector of Police Annavasal Police Station, Illupur Post and Taluk, Pudukkottai District. 12.10.2023 4/4