Dhanapal v. Union Of India,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 26/02/2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HON'BLE MR.JUSTICE G.ILANGOVAN Dhanapal ... Petitioner v.
1.Union of India Represented by the Joint Secretary (SCD-A & Dr.Ambedkar Foundation) Department of Social Justice & Empowerment Union of India Room No.612 A Wing, Shasthri Bhawan, New Delhi 110001.
2.The State of Tamilnadu Represented by the Principal Secretary AdiDravidar Welfare Department Secretariat, Fort St. George, Chennai 600 009.
3. The Principal Secretary Home Department State of Tamil Nadu Secretariat, Fort St.George, Chennai - 600 009.
... Respondents 1/6
Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to provide employment or pension or agricultural land or house to the legal heirs of the victims of the murder and rape under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act in the State of Tamil Nadu along with education to the children of the victim, under serial number 21 of the Schedule Annexure I (under rule 12(4) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1993 relating to the murder and rape cases registered upto 13.04.
2016 in the State of Tamil Nadu, consequently to direct the respondents to provide employment and pension and agricultural land to the legal heirs of the victims of murder and rape and full cost of the education upto the graduation level and maintenance of the children of the victim, under serial number 46 of the schedule Annexure I [under rule 12(4)] of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) (Amendment) Rules 2016 relating to the murder and rape cases registered after 14.04.2016 in the State of Tamil Nadu. (Prayer amended vide order dated 21.06.2017 in WMP(MD) No. 8850/2017) For Petitioner : M/s.S.Rameshkumar for M/s.Lajapathi Roy Associates For Respondent : Mr.R.Gowrishankar for R1 Mr.T.
ORDER
[Order of the Court was made by The Hon'ble The CHIEF JUSTICE] Heard the learned Advocate for the petitioner, learned Advocate for the respondent No.1 and the learned Government Advocate for the respondents 2 and 3.
2.The learned Advocate for the petitioner submits that there is a policy of the Government to provide employment or pension or agricultural land or house to the legal heirs of the victim of murder and rape under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. However, a list has been given in the writ petition of many persons, whose legal heirs have not been provided with the compensation, providing employment or pension or agricultural land. 3.A status report is filed by the 2nd respondent as per the orders passed by this Court earlier. In the status report, the details are given of the compensation amount disbursed and/or the employment given to the legal heirs. It is also stated that as on 31.12.2023, 310 employment have 3/6
been given to the member of the family of the deceased, patta has been issued in favour of 131 persons and family pension has been sanctioned for 464 families, so far.
4. It appears that the respondents have taken steps in right direction.
5. If the petitioner has come across some persons, who have not been given the benefits, the list of the same shall be given to the respondent authorities along with the details, which the authorities would consider on its own merits.
6. The writ petition accordingly stands disposed of. However, there shall be no order as to costs.
[S.V.G., CJ.] [G.I., J.] 26.02.2024 NCC :
Yes/No Index :
Yes/No RR 4/6
TO 1.The Principal Secretary Adi Dravidar Welfare Department Secretariat, Fort St. George, Chennai 600 009.
2. The Principal Secretary Home Department State of Tamil Nadu Secretariat, Fort St.George, Chennai - 600 009.
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THE HON'BLE THE CHIEF JUSTICE and G.ILANGOVAN, J.
RR W.P.(MD)No.2723 of 2017 26.02.2024 6/6