Madras High CourtWP(MD)/16404/2020disposed of

S. Saranraj v. The Principal Secretary

2023-10-06Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD) No.16404 of 2020 S. Saranraj ... Petitioner Vs

1. The Principal Secretary, Home Department, Govt.Of Tamilnadu, Secretariat, Chennai..

2. The Director General of Poli, Ce, Police Head Quarters, Beach Road, Chennai..

3. The Secretary, Tamilnadu State Legal Service Authority, High Court Campus, Chennai..

4. The Chairman, District Legal Service Authority, District Court Campus, Dindigul..

5. The District Collector, Dindigul District, Dindigul..

6. The Superintendent of Police, Dindigul District, Dindigul..

7. The Inspector of Police, Dindigul Taluk Police Station, Dindigul..

... Respondents 1/5

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents particularly 3rd and 4th Respondents to sanction and disburse the compensation over the death/Murder of his mother named Rajalakshmi under the provision of Tamilnadu Women Victim Compensation Scheme (GO) 2017 within a stipulated period fixed by this Court. For Petitioner : Mr.S.Sivakumar For Respondents : Ms.D.Farjana Ghoushia for R1 to R5 Special Government Pleader Mr.R.Sivakumar for R6 and R7 Government Advocate (Crl. Side)

O R D E R

This writ petition has been filed for a direction to the 3rd and 4th respondents to sanction and disburse the compensation to the petitioner for the murder of the mother of the petitioner under the Tamil Nadu Women Victim Compensation Scheme.

2.The learned Special Government Pleader, on instructions, submitted that the petitioner is not a dependent of the deceased mother and the relevant Government order is not applicable to the petitioner and therefore the petitioner is not entitled for payment of any compensation. The relevant portion in the Government order was also extracted 2/5

thereunder and for proper appreciation the definition of the dependent is extracted hereunder:

"(b) 'dependent' includes husband, father, mother, grandparents, unmarried daughter and minor children of the victim as determined by the State Legal Services Authority or District Legal Services Authority on the basis of the report of the Sub Divisional Magistrate of the concerned Area/station house officer/investigating officer or on the basis of material placed on record by the dependents by way of affidavit or on its own enquiry."

3.The learned Government Advocate for the respondents 6 and 7 submitted that the investigation was completed and final report was filed and the case is now pending in SC No.75/2021 before the Sessions Court, Dindigul.

3/5

4.In view of the above, the relief sought for by the petitioner cannot be granted. This writ petition is disposed of accordingly. No costs.

06.10.2023 Index : Yes/No NCC : Yes/No RR To