Jesima Banu .A v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.24077 of 2022 A.Jesima Banu ... Petitioner Vs 1.The District Collector, Office of the District Collector, Sivagangai District.
2.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.
3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruppuvanam Sub-Division, Sivagangai District.
4.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to pay adequate compensation for the death of the petitioner's husband, namely, Akkim Sait, on the basis of the petitioner's representation, dated 05.08.2022, within a time frame.
1/5
For Petitioner : Mr.I.Sabeer Mohamed For 1st Respondent : Mr.A.Kannan Additional Government Pleader For Respondents 2 to 4 : Mr.B.Thanga Aravindh Government Advocate (Criminal side)
ORDER
The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents to pay adequate compensation for the death of her husband, namely, Akkim Sait, on the basis of her representation, dated 05.08.2022, within a time frame.
2. The case of the petitioner is that, her husband namely, Akkim Sait died in a road accident on 01.08.2021. Claiming compensation for the death of her husband, the petitioner submitted a representation, dated 20.12.2021, before the fourth respondent, who in turn, forwarded the same to the third respondent, for further action. Since no action has been taken on her representation so far, the petitioner has approached this Court, by way of filing the present Writ Petition for the relief stated supra.
3. Today, when the matter is taken up for hearing, Mr.A.Kannan, learned Additional Government Pleader appearing for the first respondent, on 2/5
instructions, submits that pursuant to a proposal received from the third respondent, a report has been sought from the Tahsildar, Thiruppuvanam, as to whether the petitioner has received any compensation from any other welfare scheme. The Tahsildar, Thiruppuvanam, has sent a letter dated 09.11.2022, stating that the petitioner has not received any compensation under any other welfare scheme so far. Further, the amounts allotted from the Chief Minister's Accident Relief Fund for financial year 2022-23 have already been disbursed to the claimants and the petitioner's name has been placed at Sl.No.38/2020-21 in the Accident Relief Priority Register. The compensation amount would be paid to the petitioner, as per seniority, as and when the same would be disbursed from the Chief Minister's Accident Relief Fund.
4. Recording the aforesaid submission made by the learned Additional Government Pleader appearing for the first respondent, this Court directs the first respondent to consider the petitioner's claim and pass appropriate orders, as per seniority, as expeditiously as possible, preferably within a period of six months from the date of receipt of a copy of this order.
5. This Writ Petition stands disposed of with the above direction. No costs.
Index : Yes/No 17.11.2022 3/5
To 1.The District Collector, Office of the District Collector, Sivagangai District.
2.The Superintendent of Police, Office of the Superintendent of Police, Sivagangai District.
3.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruppuvanam Sub-Division, Sivagangai District.
4.The Inspector of Police, Thiruppuvanam Police Station, Sivagangai District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
4/5
V.BHAVANI SUBBAROYAN, J.
smn2 W.P(MD)No.24077 of 2022 17.11.2022 5/5