Madras High CourtWP(MD)/20913/2019disposed of

Selvi v. The State Of Tamil Nadu

2019-11-12Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Selvi ... Petitioner Vs.

1.The State of Tamil Nadu, Rep by its Additional Chief Secretary to Government, Fort. St. George, Secretariat, Chennai - 600 009.

2. The State of Tamil Nadu, Rep by its Home Secretary, Home Department, Fort. St. George, Secretariat, Chennai - 600 009.

3.The Director General of Police, Police Head, Dr.Radhakrishnan Salai, Mylapore, Chennai-4.

4.The Chairman / Principal District and Sessions Judge, Tamil Nadu District Legal Services Authority, Madurai District, Madurai.

5.The Chairman, Tamil Nadu District Legal Services Authority, Principal District Munsif Court, Thirumangalam, Madurai District.

6.The District Collector, Madurai District, Madurai.

7.The Superintendant of Police, Madurai District, Madurai.

8.The Inspector of Police, All Women Police Station, Thirumangalam, Madurai District.

(Crime No.13/2019) ... Respondents 1/4

PRAYER:- Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, to direct the respondents to early disbursement of the compensation amount under the victim compensation scheme for woman victims/survivors of sexual assault/other crimes 2018 to the petitioner's daughter Minor Arthi in view of the offence registered under the provisions of protection of child from sexual offence Act 2012, in Cr.No.13 of 2019 dated 06.08.2019 on the file of the 8th respondent police and pending investigation by considering the petitioner's representation dated 22.08.2019, 18.09.2019 respectively.

For Petitioner : Mr.A.Saravanan For Respondents : Mr.A.Aanandharaj Additional Public Prosecutor

ORDER

This petition has been filed for a direction to the respondents to early disbursement of the compensation amount under the Victim Compensation Scheme for woman victims/survivors of sexual assault/other crimes 2018 to the petitioner's daughter.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. The learned counsel for the petitioner would submit that the petitioner's daughter was sexually harassed by the accused person. Hence, the petitioner lodged a complaint before the 8th respondent police and the same has been registered in Crime No.13 of 2019 for the offence under Sections 5 (1) and 6 of Protection of Child from Sexual offences Act 2012. As such, the petitioner/victim entitled to compensation under the Tamil Nadu Victim Compensation Scheme, 2013. As per the notification of Home Department, State of Tamil Nadu, the above said scheme called 'Tamil Nadu Victim Compensation Scheme for woman victim/Survives of Sexual Assault/other Crime - 2018. The petitioner sent representations to the higher officials on 22.08.2019 and 18.09.2019 respectively for seeking compensation. But, the higher officials did not take any steps to award compensation.

4. The learned Additional Public Prosecutor appearing for the respondents would submit that mere representation cannot be considered. There was several separate applications were filed by the petitioner under the the Tamil Nadu Victim Compensation Scheme, 2013 (The Compensation Scheme for woman victim/Survives of Sexual Assault/other Crime - 2018).

5. Without going into the merits of the case, the petitioner is directed to apply for compensation in the prescribed form. On 2/4

receipt of the same, the fourth respondent is directed to consider the request of the petitioner within a period of six weeks from the date of filing of the application on merits in accordance with law.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) // True Copy // Sub Assistant Registrar(CS) dss To 1.The Additional Chief Secretary to Government, State of Tamil Nadu, Fort. St. George, Secretariat, Chennai - 600 009.