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Madras High CourtCRL OP(MD)/15400/2017disposed of

Anthoniammal v. The Secretary (Home Department

2018-09-26Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P(MD)No.15400 of 2017 Anthoniammal : Petitioner Vs.

1.State of Tamil Nadu, Represented Secretary (Home Department), Secretariat, Chennai.

2.The Director, National SC/ST Commission, State Office, Sashtri Bhavan, Block No.5, II Floor, Chennai-6.

3.The District Collector, Tirunelveli District.

4.The District Legal Services Authority, Tirunelveli.

5.The Superintendent of Police, Tirunelveli District.

6.The Deputy Superintendent of Police, Tirunelveli District.

:Respondents PRAYER: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Respondents 1 to 5 to pay adequate compensation as per the present fixation of compensation as per SC/ST Act and a sum of Rs. 3,00,000/- as per victim compensation Scheme u/s. 357(A) of Cr. P.C.

For Petitioner: Mr.D.Saravanan For Respondent: Ms.S.Bharathi, Government Advocate

O R D E R

This petition has been filed for a direction to the District Collector to pay the compensation to the petitioner as per the SC/ST Act.

2.The petitioner is the mother of the deceased son. The son

of the petitioner died due to homicidal violence. The fifth respondent Police registered an FIR and filed a final report before the Court below for the offences under IPC and Sections 3(1)(x) and 3(2)(v) of SC/ST Act.

3.The petitioner had already approached the District Collector, seeking for a compensation and the District Collector, Tirunelveli by proceedings dated 30.03.2012 had granted an interim compensation of Rs.1,50,000/- to the petitioner. 4.The learned Counsel for the petitioner would submit that the petitioner is entitled for a compensation as per the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1995 r/w Annexure-I. Therefore, the amount that has been already paid by the District Collector can be adjusted and the compensation can be granted in accordance with the above Rules. The learned Counsel also brought to the notice of this Court the representation made by the petitioner in this regard to the District Collector on 11.08.2017.

5.In the facts and circumstances of the case, the third respondent is directed to consider the representation dated 11.08.2017 given by the petitioner and pass appropriate orders with regard to the compensation to which the petitioner is entitled under the SC/ST (Prevention of Atrocities) Rules, 1995 r/w Annexure-I to the Rules, within a period of six weeks from the date of receipt of copy of this order.

6.This criminal original petition is disposed of with the above direction.

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS-III) To 1.The Secretary (Home Department), Secretariat, Chennai.

2.The Director, National SC/ST Commission, State Office, Sashtri Bhavan, Block No.5, II Floor, Chennai-6.

3.The District Collector, Tirunelveli District.

4.The District Legal Services Authority, Tirunelveli.

5.The Superintendent of Police, Tirunelveli District.

6.The Deputy Superintendent of Police, Tirunelveli District.

7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+ 1 CC TO MR.D.SARAVANAN, ADVOCATE IN SR NO.87687 DSK BU/RSK/SAR-III :29.10.2018 : 3P/9C Order made in Crl.O.P(MD)No.15400 of 2017 26.09.2018