Kerala High Court
Kumari Alakanandha S vs State Of Kerala on 8 April, 2025
Author: C.S.Dias
Bench: C.S.Dias
WP(C) NO. 1101 & 1410 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 1101 OF 2025
PETITIONER/S:
1 GEETHA
AGED 51 YEARS
C/O GIGIMON, VETTIKKATTIL (H), 200 ACRE, ADIMALY PO
KERALA, PIN - 685561
2 KUMARI ALAKANANDHA S
AGED 14 YEARS
MINOR REPRESENTED BY GRANDMOTHER SMT. GEETHA C/O
GIGIMON, VETTIKKATTIL (H), 200 ACRE, ADIMALY PO
KERALA, PIN - 685561
3 MASTER ATHUL KRISHNA
AGED 12 YEARS
MINOR REPRESENTED BY GRANDMOTHER SMT. GEETHA C/O
GIGIMON, VETTIKKATTIL (H), 200 ACRE, ADIMALY PO
KERALA, PIN - 685561
BY ADVS.
IPSITA OJAL
ANIL KUMAR K.P.
MARIYAMMA A.K.
MANAS P HAMEED
ARYA ASHOKAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF WOMEN
AND CHILD DEVELOPMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT LEGAL SERVICES AUTHORITY (DLSA) WAYANAD,
REPRESENTED BY ITS SECRETARY,
WP(C) NO. 1101 & 1410 OF 2025
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CIVIL STATION, MADATHUMPADI, KALPETTA, KERALA, PIN
- 673121
3 KERALA STATE LEGAL SERVICES AUTHORITY (KELSA),
REPRESENTED BY ITS MEMBER SECRETARY
NIYAMA, SAHAYA BHAVAN, NEAR THE HIGH COURT BUILDING
ERNAKULAM, KERALA, PIN - 682031
*4 ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT OF KERALA
*5 FINANCE SECRETARY,
DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA
ADDITIONAL RESPONDENTS 4 AND 5 ARE SUO-MOTU
IMPLEADED AS THE ADDITIONAL RESPONDENTS 4 AND 5 IN
THE WRIT PETITION.
BY ADV LEO LUKOSE
GP SRI.B.S.SYAMANTHAK
GP SMT.VIDYA KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.04.2025, ALONG WITH WP(C).1410/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1101 & 1410 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947
WP(C) NO. 1410 OF 2025
PETITIONER/S:
KUMARI ALAKANANDHA S
AGED 14 YEARS
MINOR REPRESENTED BY HIS GRAND MOTHER SMT. GEETHA
C/O GIGIMON, VETTIKKATTIL (H), 200 ACRE, ADIMALY PO
KERALA, PIN - 685561
BY ADVS.
IPSITA OJAL
ANIL KUMAR K.P.
MARIYAMMA A.K.
MANAS P HAMEED
ARYA ASHOKAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF WOMEN
AND CHILD DEVELOPMENT, GOVERNMENT OF KERALA,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT LEGAL SERVICES AUTHORITY (DLSA)WAYANAD,
REPRESENTED BY ITS SECRETARY
CIVIL STATION, MADATHUMPADI, KALPETTA, KERALA, PIN
- 673121
3 KERALA STATE LEGAL SERVICES AUTHORITY (KELSA),
REPRESENTED BY ITS MEMBER SECRETARY
NIYAMA, SAHAYA BHAVAN, HIGH COURT COMPOUND, KOCHI,
ERNAKULAM, KERALA,, PIN - 682031
*4 ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT OF KERALA
WP(C) NO. 1101 & 1410 OF 2025
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*5 FINANCE SECRETARY,
DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA
ADDITIONAL RESPONDENTS 4 AND 5 ARE SUO-MOTU
IMPLEADED AS THE ADDITIONAL RESPONDENTS 4 AND 5 IN
THE WRIT PETITION.
BY ADV LEO LUKOSE
GP SRI.B.S.SYAMANTHAK
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.04.2025, ALONG WITH WP(C).1101/2025, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1101 & 1410 OF 2025
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C.S.DIAS, J.
----------------------------------------------
WP(C) Nos.1101 & 1410 OF 2025
-----------------------------------------------
Dated this the 8th day of April, 2025
COMMON JUDGMENT
The writ petitions are filed to direct the 2 nd respondent ―
the District Legal Services Authority, Wayanad ― to disburse the
full and final compensation to the petitioners', who are the
petitioners in VCC Nos.5/2023 and 2/2022, as per the National
Legal Services Authority guidelines and the Kerala Victim
Compensation Scheme, 2021. As the writ petitions arise out of the
same incident, they are consolidated, jointly heard, and are being
disposed of by this common judgment. For the sake of
convenience, the parties are referred to as in the party array in
W.P(C) No.1101/2025, which is treated as the leading case.
2. The 1st petitioner is the mother of late Nijitha
(deceased), who was married to Sanal Kumar (accused).
Petitioners 2 and 3 are the children born in the wedlock between
the deceased and accused. On 15.01.2022, the accused threw
acid on the deceased and the 2nd petitioner with the intention to
murder them. The deceased succumbed to burn injuries on
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22.01.2022, and 2nd petitioner suffered 50 per cent burn injuries
and disfigurement. The Ambalavayal Police registered Ext.P1 FIR
against the accused. However, the accused committed suicide on
the same day. The petitioners are the legal heirs of the deceased.
Although the 2nd respondent had registered VCC No.5/2023 and
granted interim compensation to petitioners 2 and 3, the final
compensation has not been paid. The petition has been pending
for the last two years. Similarly, VCC No.2/2022 was suo motu
registered by the 2nd respondent due to the burn injuries suffered
by the 2nd petitioner. In the said petition also, the 2nd respondent
has only paid interim compensation to the 2 nd petitioner. As per the
NALSA guidelines, acid attack victims have to be paid
compensation within two months. The inaction of the respondents
is violative of the petitioners' fundamental right to life guaranteed
under Article 21 of the Constitution of India and is illegal and
arbitrary. Therefore, the respondents may be directed to disburse
the full compensation to the petitioners expeditiously.
3. The 3rd respondent has filed a statement in W.P.
(C)No.1101/2025, stating that VCC 2/2022 was suo motu
registered by the 2nd respondent based on a newspaper report that
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nd
the 2 petitioner suffered burn injuries due to the acid attack by
the accused. The 2nd petitioner was paid an interim compensation
of Rs.1,00,000/-. Subsequently, the petitioners filed an application
before the Judicial First-Class Magistrate-I, Sulthan Bathery, for
compensation under the scheme. The learned Magistrate referred
the application to the 2nd respondent, who registered VCC
No.5/2023. As the applications arose from the same incident, they
were clubbed together. As per Order No.94/2023, Rs.2,00,000/-
was paid to the 2nd petitioner as interim compensation in VCC
No.2/2022 and Rs.3,00,000/- was paid jointly to the petitioners 2
and 3 in VCC No.5/2023. The Probation Officer has certified that
the 2nd petitioner is entitled to a total compensation of
Rs.10,50,000/- and the petitioners 2 and 3 are entitled to a total
compensation of Rs.10,00,000/-. After deducting the interim
compensation already paid to the 2nd petitioner, she is entitled to a
balance compensation of Rs.7,50,000/- in VCC No.2/2022, and
petitioners 2 and 3 are entitled to a further compensation of
Rs.7,00,000/- in VCC No.5/2022. Accordingly, the 2 nd petitioner is
entitled to a total balance compensation of Rs.11,00,000/- in the
two applications and the 3rd petitioner is entitled to a balance
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amount of Rs.3,50,000/- in VCC No.5/2023. The 2 nd respondent
has requested the Government to pay the balance compensation
to the petitioners immediately, but the Government has not paid
the amount due to paucity of funds. The writ petition may be
disposed of in the above manner.
4. Heard; the learned counsel for the petitioner, the
learned Government Pleader and the learned counsel appearing
for the respondents 2 and 3.
5. Section 357 A was inserted in the Code of Criminal
Procedure by Act 5 of 2009 w.e.f. 31.12.2009 directing every State
Government, in coordination with the Central Government, to
prepare a scheme for compensating victims or their dependants
for the loss suffered by them in a crime. Section 357 A reads as
follows:
"357A.Victim Compensation Scheme
(1) Every State Government, in co-ordination with the Central
Government, shall prepare a scheme for providing funds for the purpose of
compensation to the victim or his dependents who have suffered loss or
injury as a result of the crime and who require rehabilitation
(2) Whenever a recommendation is made by the Court for
compensation, the District Legal Services Authority or the State Legal
Services Authority, as the case may be, shall decide the quantum of
compensation to be awarded under the scheme referred to in sub-section
(1).
(3) If the trial Court, at the conclusion of the trial, is satisfied, that the
compensation awarded under Section 357 is not adequate for such
rehabilitation, or where the cases end in acquittal or discharge and the victim
has to be rehabilitated, it may make recommendation for compensation.
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(4) Where the offender is not traced or identified, but the victim is
identified, and where no trial takes place, the victim or his dependents may
make an application to the State or the District Legal Services Authority for
award of compensation.
(5) On receipt of such recommendations or on the application
under sub-section (4), the State or the District Legal Services Authority
shall, after due enquiry award adequate compensation by completing
the enquiry within two months.
(6) The State or the District Legal Services Authority, as the case may
be, to alleviate the suffering of the victim, may order for immediate first-aid
facility or medical benefits to be made available free of cost on the certificate
of the police officer not below the rank of the officer in charge of the police
station or a Magistrate of the area concerned, or any other interim relief as
the appropriate authority deems fit."
6. Sub-section (5) of Section 357 A mandates the
compensation to be awarded by completing the enquiry within two
months. It is based on the said provision that the Kerala Victim
Compensation Scheme has been formulated.
7. In Abhishek K.A v. State of Kerala (2020 (5) KHC 47),
this Court has emphatically declared that no victim shall be made
to wait for compensation.
8. This Court, in XXXX v. State of Kerala (2023 (5) KHC
406), has succinctly explained the salient features of the Kerala
Victim Compensation Scheme and the procedure to be followed in
paying compensation to the victims.
9. In Rudul Sah v. State of Bihar (AIR 1983 SC 1086),
the Hon'ble Supreme Court held that the right to compensation is
an integral part of the right to life guaranteed under Art. 21 of the
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Constitution.
10. In the cases at hand, Exts.R3 (a) and (b) proceedings
were passed on 25.01.2024 and 27.04.2024, respectively. The
entitlement of the petitioners 2 and 3 to compensation is also not
disputed by the respondents. As the accused is no more, the
criminal proceeding against him has abated. Therefore, there is no
legal impediment in paying the compensation to petitioners 2 and
3. The sole reason for the delay on the part of the Government in
paying the compensation is paucity of funds.
11. On analysing the benevolent intention of Section 357A
Cr.P.C, the Kerala Victim Compensation Scheme and the
exposition law on the above point, and further that more than 2
years have lapsed after the incident, paucity of funds, financial
constraints or a liquidity crunch are not justifiable reasons for the
respondents to delay the payment of compensation legally and
legitimately due to petitioners 2 and 3, who are orphan children
living in a state of vagrancy. It is the state's bounden duty and
liability to pay the petitioner's compensation in precedence to all
its other financial commitments and liabilities. I am convinced and
satisfied that the extraordinary jurisdiction of this Court is to be
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exercised in favour of the petitioners.
In the aforesaid circumstances, I allow the writ petitions in
the following manner:
(i) The additional respondents 4 and 5 are directed to
transfer Rs.14,50,000/- to the bank account of the 2 nd respondent
within one month from the date of production/receipt of a copy of
this judgment, failing which they will have to pay interest on the
said amount at the rate of 12% per annum from the date of
incident till the date of actual payment.
(ii) Immediately on receipt of the said amount, the 2 nd
respondent shall transfer Rs.1,00,000/- each to the savings bank
accounts of the petitioners 2 and 3. The 1 st petitioner is permitted
to withdraw the amount from the savings bank accounts of the
petitioners 2 and 3 to meet their urgent needs and expenses.
(iii) Out of the balance amount, the 2 nd respondent shall
deposit Rs.10,00,000/- and Rs.2,50,000/-, respectively, in the
names of petitioners 2 and 3, in fixed deposits in
nationalised/scheduled banks, which provide the highest rate of
interest, till the children attain majority. The Bank shall
automatically renew the fixed deposits on the basis of this
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judgment, and a lien of the District and Sessions Judge, Wayand,
shall be marked on the fixed deposits. The bank shall credit the
interest on the fixed deposit on a quarterly basis to the savings
bank accounts of petitioners 2 and 3. The 1st petitioner is
permitted to withdraw the interest from the savings bank accounts
to meet the maintenance expenses of petitioners 2 and 3.
(iv) In case the petitioners 2 and 3 want to prematurely
withdraw any amount from the fixed deposit to meet any
unforeseen exigency, they would be at liberty to file an original
petition before the District Court, Wayanad, for the said purpose.
The District Court, Wayand, is directed to keep the fixed deposit
receipts in its safe custody till the children attain majority as
directed in this judgment. The Registry is directed to forward a
copy of this judgment to the District Court, Wayand.
Sd/-
C.S.DIAS, JUDGE
rkc/08.04.25
WP(C) NO. 1101 & 1410 OF 2025
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APPENDIX OF WP(C) 1410/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE FIR NO.38/2022 DATED
15/01/2022 REGISTERED AT AMBALAVAYAL
POLICE STATION WAYANAD
WP(C) NO. 1101 & 1410 OF 2025
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APPENDIX OF WP(C) 1101/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF FIR NO.38 OF 2022 DATED
15.01.2022 REGISTERED AMBALAYAL POLICE
STATION WAYANAD
Exhibit P2 THE TRUE COPY OF THE DEATH CERTIFICATE OF
SMT.NIJITHA ISSUED BY THE KOZHIKODE
MUNICIPAL CORPORATION UNDER REGISTRATION
NUMBER 962/2022 ISSUED ON 09..01.2025
Exhibit P3 THE TRUE COPY OF THE DEATH CERTIFICATE OF
MR.SANILKUMAR PC ISSUED BY THE THALASSEY
MUNICIPALITY ON 23.05.2023
RESPONDENT EXHIBITS
Ext R3(a) True copy of the report in VCR 5 of 2023
prepared by the 2nd Respondent.
Ext R3(b) A true copy of Order No. 81/2024 dated
27.04.2024 issued by the 2nd Respondent.
