P.Murugan v. The Director General Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P (MD).No. 18144 of 2019 P.Murugan .. Petitioner Vs.

1. The Director General of Police No.601, Dr.Rathakrishnan Salai Chennai- 4

2. The District Collector

3. The Superintendent of Police

4. The Inspector of Police Allinagaram Police Station

5. The District Legal Aid Service Committee Theni District Court Complex .. Respondents Prayer : This petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus to direct the respondents 1 to 3 to disburse the compensation as per the victim compensation scheme in the light of award passed by the 5th respondent dated on 06.07.2018 and considering the petitioners representation dated 28.06.2019 For Petitioner : Mr.M.Prabu For Respondents : Mr.R.Anandharaj No.1 to 5 Additional Public Prosecutor

ORDER

The Writ Petition has been filed for issuance of a Writ of Mandamus directing the respondents 1 to 3 to disburse the compensation as per the victim compensation scheme in the light of award passed by the 5th respondent dated on 06.07.2018 and considering the petitioners representation dated 28.06.2019.

2. The learned counsel for the petitioner would submit that the daughter of the petitioner is the victim. The fourth respondent police has registered a case in Crime No. 383 of 2019 for the offences under Sections 376 and 302 of IPC and they have filed a charge sheet before the Mahila Court, Theni and the accused was convicted for the said offences and sentenced to undergo life imprisonment.. Thereafter the petitioner submitted an compensation application No.17 of 2017 to the fifth respondent under Victim Compensation Act and the fifth respondent conducted a detailed enquiry and awarded a compensation of Rs.6,00,000/- to the victim and ordered to sanction the said amount within a period of one month from 06.07.2018. Eventhen the respondents did not take any steps to disburse the said compensation amount to the victim.

3. The learned Additional Public Prosecutor would submit that by the communication dated 08.07.2019 in e.f.vz;.C3/G219/49392/2017, after passing award dated 16.08.2018 , the third respondent has forwarded the same to the first respondent to disburse the compensation amount to the petitioner.

4. Considering the facts and circumstances of the case, the first and second respondents are directed to disburse the compensation amount in the light of the award passed by the fifth respondent dated 06.07.2019 within a period of six weeks from the date of receipt of a copy of this order.

5. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To

1. The Director General of Police No.601, Dr.Rathakrishnan Salai Chennai- 4

2. The District Collector

3. The Superintendent of Police

4. The Inspector of Police Allinagaram Police Station

5. The District Legal Aid Service Committee Theni District Court Complex +1 CC to M/s.M.PRABU, Advocate ( SR-85220[F] dated 05/09/2019 ) W.P (MD).No.18144 of 2019 04.09.2019 aav JMN(17.09.2019) 3P : 7C