Madras High Court
U.Kalpana vs The State Of Tamil Nadu on 24 November, 2021
1 W.P.No. 19758 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2021
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI
W.P.No. 19758 of 2021
U.Kalpana ... Petitioner
/Vs/
1. The State of Tamil Nadu
Represented by the Principal
Secretary to Government,
Department of Social Wlefare and
Women Empowerment Department,
Fort St.George, Secretariat,
Chennai – 600 09.
2. The District Collector,
Collector Office, GST Road,
Chengalpattu District – 603 001.
3. The District Child Protection Officer,
District Child Protection Office,
Office No.317 K.T.S. Mani Street,
Kanceepuram District – 631 502.
4. The Inspector of Police,
All Women Police Station,
Melmaruvathur,
Kancheepuram – 603 319. ... Respondents
https://www.mhc.tn.gov.in/judis
2 W.P.No. 19758 of 2021
Prayer : Writ petition filed under Article 226 of the Constitution of India
praying Writ of Madamus, directing 1st respondent to grant the
petitioner's daughter (victim of POCSO Act) a fair and reasonable
compensation amount as per the Scheme allotted by the Government of
Tamil Nadu.
For Petitioner : Mr.Shaikh Mehrunisa
For RR1 to R3 :Mr.U.Bharanidharan
Additional Government Pleader
For R4 : Mr.R.Murthi
Government Advocate (Crl. Side)
ORDER
This writ petition has been filed for issuance of direction to
1st respondent to grant the petitioner's daughter (victim of POCSO Act) a
fair and reasonable compensation amount as per the Scheme allotted by
the Government of Tamil Nadu.
2. The case of the petitioner is that her child was abused by the
accused namely one Baskar S/o.Amaladass aged 25 years. The law
enforcing agency filed FIR in Crime No.09 of 2013 dated 20.11.2013
under Sections 376, 506(i) of IPC and Section 4 of the Protection of
Children from Sexual Offenses Act, 2012 (for short 'POCSO Act'). After
https://www.mhc.tn.gov.in/judis
investigation the offences was altered to one under Section 506(ii) of IPC
and Section 4 r/w 3 of Protection of Children from Sexual Offenses Act,
2012 and charge sheet was filed and taken on file in S.C.No.07/2014 by
the Mahila Court, Chengalpattu. After completing trial, judgment was
passed on 12.08.2015 convicting the accused. Though, the above said
case was disposed, however, no application was filed before the Mahila
Court, Chengalpattu for payment of compensation to the petitioner or in
favour of the victim child. As per Section 9(1)(2) of the POCSO Rules,
the victim is entitled to receive compensation by order of the Sessions
Court or by the authorities. Since no order was passed for payment of
compensation, the present writ petition has been filed.
3. The learned Counsel appearing for the petitioner submitted
that in the Sessions Court no order has been passed for the payment of
compensation to the petitioner, this Court may issue direction to 1st
respondent to consider the petitioner's representation dated 30.08.2021
within a reasonable time as fixed by this Court.
4. The learned Government Advocate has no objection for said
order being passed.
https://www.mhc.tn.gov.in/judis
5. Having regard to the limited scope of the prayer that is now
sought for in this writ petition before this Court and taking into account
the submissions made on either side and without going into the merits of
the case disposed of the Writ Petition with a direction to 1st respondent to
consider the petitioner's representation dated 30.08.2021 for payment of
compensation and pass appropriate orders, on merits and in accordance
with law, within a period of twelve weeks from the date of receipt of a
copy of this order. No costs.
24.11.2021
Speaking Order/ Non Speaking Order
Index: Yes/ No
Internet: Yes/ No
gba
To
1. The State of Tamil Nadu
Represented by the Principal
Secretary to Government,
Department of Social Wlefare and
Women Empowerment Department,
Fort St.George, Secretariat,
Chennai – 600 09.
2. The District Collector,
Collector Office, GST Road,
Chengalpattu District – 603 001.
https://www.mhc.tn.gov.in/judis
3. The District Child Protection Officer,
District Child Protection Office,
Office No.317 K.T.S. Mani Street,
Kanceepuram District – 631 502.
4. The Inspector of Police,
All Women Police Station,
Melmaruvathur,
Kancheepuram – 603 319.
https://www.mhc.tn.gov.in/judis
M.DHANDAPANI, J.
gba
W.P.No. 19758 of 2021
24.11.2021
https://www.mhc.tn.gov.in/judis
