Kerala High Court
A.P.Ayisha vs District Legal Services Authority on 6 November, 2024
2024:KER:83562
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
WP(C) NO. 5102 OF 2017
PETITIONER:
1 KUNHIPATHU,
AGED:38 YEARS, D/O LATE ABBAS,
THAYAL HOUSE, KOLAVAYAL PO,
AJANUR VILLAGE, KASARGOD DISTRICT.
BY ADV SRI.ABDUL RAOOF PALLIPATH
RESPONDENTS:
1 DISTRICT LEGAL SERVICES AUTHORITY,
HOSDURG (KANJANGAD),
KASARGOD DISTRICT-671315.
2 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT,
SECRETARIAT, TRIVANDRUM-695001.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SMT.SONY.K.B.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2024, ALONG WITH WP(C).13442/2016, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)Nos.5102 of 2017 &
13442 of 2016 2 2024:KER:83562
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA, 1946
WP(C) NO. 13442 OF 2016
PETITIONER:
A.P.AYISHA,
AGED 49 YEARS,
D/O.LATE M KUNABDULLA, PATTILAM HOUSE,
PARAPPA VILLAGE, VELLARIKUNDU,
KASARAGOD DISTRICT.
BY ADV SRI.ABDUL RAOOF PALLIPATH
RESPONDENTS:
1 DISTRICT LEGAL SERVICES AUTHORITY,
KASARAGOD-671121.
2 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
BY ADV. SMT. SONY K.B., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.11.2024, ALONG WITH WP(C).5102/2017, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
W.P.(C)Nos.5102 of 2017 &
13442 of 2016 3 2024:KER:83562
JUDGMENT
[WP(C) Nos.5102/2017, 13442/2016]
These writ petitions are filed by the legal heirs of one Late
Sri. M.Kunhabdulla and Late Sri.Abbas, who were murdered. It is
pointed out that the accused in the criminal cases were tried and
ultimately they were acquitted by the Session Court concerned.
However, in the orders of acquittal as above, there was no mention as
regards the eligibility for compensation as regards the legal heirs of
the deceased.
2. The petitioners in these cases, in the afore
circumstances, filed separate applications with reference to the
provisions of Section 357A of the Code of Criminal Procedure (Cr.PC)
seeking appropriate compensation. It is pointing out that even, after
submitting the afore applications, no orders were issued, that the
captioned writ petitions have been filed.
3. A counter affidavit is filed in W.P.(C)No.13442 of
2016 by the 1st respondent, pointing out that the application filed by
the petitioner therein, was numbered as Victim Compensation Case
No.2/2016 and processed. A copy of the final order dated 28.01.2016,
by which the afore application was rejected as not maintainable, is
also produced along with the counter affidavit.
W.P.(C)Nos.5102 of 2017 &
13442 of 2016 4 2024:KER:83562
4. A perusal of the order at Ext.R1(a) shows that,
though notice was issued to the applicant-the petitioner in the writ
petition-the same was returned unserved as the address was not
clear, according to the Secretary of the Legal Services Authority,
Kasargod. In other words, Exhibit R1A(a) was one issued ex-parte.
5. I have heard Sri. Abdul Raoof P., the learned counsel
for the petitioner and Smt. Sony K. B. the learned Government
Pleader.
6. Sri. Abdul Raoof P. would contend that the findings
in Ext.R1(a) requires a re-visit, insofar as the petitioner was not heard
in the matter. As already noticed Ext.R1(a) is an order issued without
hearing the applicant concerned.
7. In such circumstances, I am of the opinion that
Ext.R1(a) is to be set aside and the District Legal Services Authority
directed to be re-considered the matter afresh.
8. Therefore, Ext.R1(a) in W.P.(C)No.13442 of 2016 is
set aside.
9. As regards W.P.(C)No.5102 of 2017, though, the
petitioner therein had filed an appropriate application seeking
compensation, the same is not seen processed.
10. Smt. Sony K.B, the learned Government Pleader
W.P.(C)Nos.5102 of 2017 &
13442 of 2016 5 2024:KER:83562
points out that no such application from the petitioner in W.P.
(C)No.5102 of 2017 is received.
11. Therefore, the petitioner in W.P.(C)No.5102 of 2017
is directed to file an appropriate application before the District Legal
Services Authority, within a period of three weeks from today. If such
an application is filed, the District Legal Services Authority to consider
the same and dispose of the same, after granting the petitioner an
opportunity of being heard in the matter.
12. Before parting with these cases, I notice, that the 2nd
respondent in W.P.(C)No.13442 of 2016 has already filed a counter
affidavit before this Court, pointing out that separate funds are being
provided to the Legal Services Authorities with reference to victim
compensation under Section 357A of the Cr.PC and there is a
separate budgetary allocation also.
In such circumstances, I am of the opinion that the
applications by the petitioners as above, are to be considered and
disposed of, sympathetically, noticing the plight of the petitioners
pointed out in the writ petitions.
Sd/-
HARISANKAR V. MENON
JUDGE
ANA
W.P.(C)Nos.5102 of 2017 &
13442 of 2016 6 2024:KER:83562
APPENDIX OF WP(C) 5102/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF
PETITIONER'S HUSBAND IBRAHIM.
EXHIBIT P2 TRUE COPY OF THE JUDGEMENT DATED 20/6/2016
IN SC NO. 188/2013 OF ADDITIONAL SESSIONS
COURT-III, KASARAGOD.
EXHIBIT P3 TRUE COPY OF THE RELATIONSHIP CERTIFICATE
ISSUED BY THE VILLAGE OFFICER, AJANUR
VILLAGE DATED 23/6/2016.
W.P.(C)Nos.5102 of 2017 &
13442 of 2016 7 2024:KER:83562
APPENDIX OF WP(C) 13442/2016
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF
PETITIONER'S HUSBAND.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN SC 672/2010 THE
SESSIONS COURT, I, KASARAGOD, DTD 21/6/2014.
EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER BEFORE THE IST RESPONDENT DTD
28/1/2016.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE
VILLAGE OFFICER.
