Senthurpandi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Senthurpandi ... Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The Adi Dravidar Welfare Officer, District Collector Office, Madurai District, Madurai.

3.The Superintendent of Police, Madurai District, Madurai.

4.The Deputy Superintendent of Police, Samayanallur Range, Samayanallur, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to provide relief amount, employment and agriculture land to the petitioner under Serial Nos.45 and 46 of Annexure-I of the Schedule Caste and Schedule Tribes (Prevention of Atrocity) (Amendment) Rule, 2016, for murder of petitioner's mother, namely, Dhanalakshmi @ Dhanam within a stipulated time as fixed by this Court.

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For Petitioner : Mr.R.Vinothkumar For R-1 & R-2 : Mr.B.Nambiselvan, Additional Public Prosecutor

O R D E R

This petition has been filed for issuance of Writ of Mandamus directing the respondents to provide relief amount, employment and agriculture land to the petitioner under Serial Nos.45 and 46 of Annexure-I of the Schedule Caste and Schedule Tribes (Prevention of Atrocity) (Amendment) Rule, 2016, for murder of the petitioner's mother, viz.,, Dhanalakshmi @ Dhanam within a stipulated time as fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that a communal atrocity has been made as against the petitioner and his family member. Due to which, a case was registered in Crime No.549 of 2011, dated 26.10.2011 for the offence under Sections 302, 404 IPC and 3(2)(r) of the SC/ST Act (POA), 1989 against the accused persons. He would further submit that as per Serial Nos.45 and 46 of Annexure-I of the Schedule Caste and Schedule Tribes (Prevention of Atrocity) (Amendment) Rule, 2016, the petitioner is entitled for availing 2/5

compensation from the Government and in order to avail the said benefit, the petitioner made a representation on 18.03.2022 to the first respondent. Since the same was not considered, the present Writ Petition has been filed before this Court.

3. The learned Additional Public Prosecutor appearing for the respondent Police would submit that this Court may issue a direction to the first respondent to consider the petitioner's representation dated 18.03.2022 within a stipulated period.

4. In view of the above, the Writ Petition is disposed of with a direction to the first respondent to consider the petitioner's representation dated 18.03.2022 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.

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To 1.The District Collector, Madurai District, Madurai.

2.The Adi Dravidar Welfare Officer, District Collector Office, Madurai District, Madurai.

3.The Superintendent of Police, Madurai District, Madurai.

4.The Deputy Superintendent of Police, Samayanallur Range, Samayanallur, Madurai.

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

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M.DHANDAPANI, J.

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