N. Karuppasamy v. The Secretary To Government,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR N. Karuppasamy

...Petitioner

Vs.

1.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

2. The Secretary to Government, Social Welfare Department, Chennai-600 009.

3. The Director General of Police, Dr. Radhakrishnan Road, Mylapore, Chennai-600 009.

4. The District Legal Services Committee President, District Legal Services Committee, District Court Campus,

5. The District Collector, Madurai District, Madurai 6.The Commissioner of Police, Madurai City, 7.The Inspector of Police, Avaniyapuram Police Station, (FIR No.2101/2018)

8. Prakash

9. Jeyamari

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 to 7 to disburse Victim Compensation Amount to the petitioner in 1/4

connection with FIR No.2101 of 2018, dated 21.12.2018 on the file of the seventh respondent.

For Petitioner : Mr. R. Murugappan For R1 to R7 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor For R8 & R9 : No Appearance

ORDER

The present writ petition has been filed seeking for issuance of a Writ of Mandamus, directing the respondents 1 to 7 to disburse Victim Compensation Amount to the petitioner in connection with Crime No.2101 of 2018, dated 21.12.2018 on the file of the seventh respondent Police Station.

2. It is the case of the petitioner that on 21.12.2018, at about 3.00 p.m. while he was taking lunch at eighth respondent hotel, the ninth respondent came there suddenly and poured the boiling oil on the head, as a result, he suffered injuries on the head, tongue, right hand and right thigh, right leg, left leg and other parts of the body. For the above said occurrence, the seventh respondent registered a case in Crime No.2101 of 2018 for the offences punishable under Sections 294 (b), 323, 307 and 506 (i) I.P.C., against the ninth respondent and final report is also filed. Therefore, sought direction to the respondents 1 to 7 to disburse Victim Compensation Amount to the petitioner.

3. It is the further case of the petitioner is that immediately after the occurrence, he had spent about Rs.9,00,000/- (Rupees Nine Lakhs only) towards medical expenses for the burn injuries sustained by him.

4. During submissions, it is also stated by the learned counsel for the petitioner that he has already given a representation to the District Legal Aid Services Authority on 07.08.2020.

5. Heard the learned counsel on either side and perused the materials available on record.

6. From the records, this Court, as early as on 28.09.2020, had passed an order, directing the Registry to obtain the particulars from the fourth respondent/District Legal Aid Services Authority, as to whether any application has been presented by the petitioner for awarding victim compensation. However, no materials placed before this Court either by the Registry or by the petitioner.

7. Be that as it may, the victim is entitled to compensation as per the Scheme and also the statute. Therefore, the petitioner is directed to submit a fresh representation before the Chairman, District Legal Aid Services Authority, District Court 2/4

Campus, Madurai within a period of one week from today (04.03.2022). The Chairman/ Principal District Judge, District Legal Aid Services Authority, Madurai, taking note of the injury sustained by the petitioner pass an order of interim compensation and disburse the compensation as per law and also as per Section 357(A)(5) of Cr.P.C. and also the scheme framed by the State Governments and published in the gazette on 30.11.2013. Such an exercise shall be completed within a period of one month from the date of receipt of representation from the petitioner.

8. With the above directions, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Rm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Chairman / Principal District Judge, District Legal Aid Services Committee, Madurai District Court Campus, 2.The Secretary to Government, Home Department, Secretariat, Chennai-600 009.

3. The Secretary to Government, Social Welfare Department Secretariat, Chennai-600 009.

4.The Director General of Police Dr. Radhakrishnan Road, Mylapore, Chennai-600 004. .

3/4

5. The District Legal Services committeee President, District Legal Services Committee, District Court Campus,

6. The District Collector, Madurai District, Madurai 7.The Commissioner of Police, Madurai City, 8.The Inspector of Police, Avaniyapuram Police Station, 9.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.R.MURUGAPPAN,Advocate, SR.No.10437 04.03.2022 ARK(CO) GC(07.03.2022) 4P 11C 4/4