A.Raja Lakshmi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.8877 of 2018 A.Raja Lakshmi : Petitioner

Versus

1.The State of Tamil Nadu, Represented by its Secretary to Government of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai.

2.The Secretary, The District Legal Services Authority, District Court Buildings, Madurai - 625 020.

3.The District Collector, Office of the District Collector, Madurai District.

4.The Superintendent of Police, Office of Superintendent of Police, Madurai District.

5.The Inspector of Police, Kudal Pudhur Police Station, Madurai District.

: Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondent Nos.1 to 3 to provide the fair and reasonable amount of compensation to the petitioner under Sections 357-A(2) and 374(5) of Criminal Procedure Code, 1973 and under the Tamil Nadu Victim Compensation Scheme, 2013, on the basis of the petitioner's representation dated 27.03.2018, within the time stipulated by this Court.

For Petitioner : Mr.R.Alagumani For Respondents : Mr.K.K.Ramakrishnan, Additional Public Prosecutor ******

O R D E R

This Writ Petition has been filed seeking a direction to the respondent Nos.1 to 3 to provide the fair and reasonable amount of compensation to the petitioner under Sections 357-A(2) and 374(5) of Criminal Procedure Code, 1973 and under the Tamil Nadu Victim Compensation Scheme, 2013, on the basis of the petitioner's representation dated 27.03.2018.

2. The grievance of the petitioner is that, her husband Alagar was found murdered and based on that, a criminal case has been registered for the offences under Sections 294(b), 323, 506 (i) and 302 of the Indian Penal Code. However, the criminal case ended in acquittal. After the acquittal, the petitioner filed a representation before the second respondent seeking for compensation under the Tamil Nadu Victim Compensation Scheme, 2013, and under Sections 357-A(2) and 374(5) of the Criminal Procedure Code, 1973, on 27.03.2018. But, so far, no order has been passed by the second respondent, who is the competent authority under the Scheme to quantify the compensation. In the above circumstances, the present Writ Petition has been filed.

3. The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the application is still pending and suitable direction may be issued to pass orders on the representation dated 27.03.2018.

4. Considering the facts and circumstances of the case, without going into the merits of the mater, as the petitioner's representation is pending from 2018 onwards, the second respondent/Secretary, District Legal Services Authority, is directed to consider the petitioner's representation dated 27.03.2018 and pass suitable orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (Crl.Side) // True Copy // Sub Assistant Registrar(CS )

To 1.The Secretary to Government of Tamil Nadu, State of Tamil Nadu, Home, Prohibition and Excise Department, Fort St. George, Chennai.

2.The Secretary, The District Legal Services Authority, District Court Buildings, Madurai - 625 020.

3.The District Collector, Office of the District Collector, Madurai District.

4.The Superintendent of Police, Office of Superintendent of Police, Madurai District.

5.The Inspector of Police, Kudal Pudhur Police Station, Madurai District.

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

+1 CC to M/s.R.ALAGUMANI, Advocate SR-76511. Order made in W.P.(MD)No.8877 of 2018 CS(29.07.2019) 3P 8C