Lakshmi .A v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.Lakshmi ... Petitioner Vs 1.The State of Tamil Nadu, Through its Secretary, Law Department, Fort St. George, Chennai District - 600 009.

2.The State of Tamil Nadu, Through its Secretary, Home (Police) Department, Fort St. George, Chennai District - 600 009.

3.The District Collector, Tirunelveli District, Tirunelveli.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to deposit a sum of Rs.5,00,000/- with 7.5 interest from 29.10.2013 till the date of realization before the Hon'ble II Additional Sessions Court, Tirunelveli by following the order dated 29.10.2013 passed in Referred Trial (MD) No.1 of 2013 and Criminal Appeal (MD) No.19 of 2013 on the file of this Court within the time stipulated by this Court.

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For Petitioner : Mr.I.Robert Chandrakumar For Respondents : Mr.D.Gandhi Raj Special Government Pleader

ORDER

This Writ Petition has been filed by the petitioner for a direction directing the respondents to comply with the order passed by the Hon'ble Division Bench of this Court in Referred Trial (MD) No.1 of 2013 and Criminal Appeal (MD) No.19 of 2013, dated 29.10.2013.

2.This Court while acquitting the accused in S.C.No.59 of 2007 on the file of the II Additional Sessions Judge, Tirunelveli imposed compensation payable by the Government of Tamil Nadu to the victim's family to the tune of Rs.5,00,000/-. However, the said order has not been complied with so far.

3.The District Adi Dravidar and Welfare Department had taken a stand that since already a sum of Rs.5,00,000/- was paid as victim compensation after registration of F.I.R, no other amount can be paid under the Scheduled Caste and Scheduled Tribe Act after acquittal of the accused. However, the respondents are not proper parties to consider the representation of the petitioner. Therefore, 2/5

the petitioner is at liberty to submit a fresh representation before the Government of Tamil Nadu, Represented by the Chief Secretary, Chennai, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the Government of Tamil Nadu is directed to dispose of the same on merits and in accordance with law, within a period of four weeks thereafter. 4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

23.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The State of Tamil Nadu, Through its Secretary, Law Department, Fort St. George, Chennai District - 600 009.

2.The State of Tamil Nadu, Through its Secretary, Home (Police) Department, Fort St. George, Chennai District - 600 009.

3.The District Collector, Tirunelveli District, Tirunelveli.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 23.01.2025 5/5