Madras High Court
Rolly Martin vs The State Represented By Its on 4 January, 2023
W.P.No.2 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.01.2023
CORAM :
THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN
W.P.No.2 of 2023
Rolly Martin .. Petitioner
vs
1.The State represented by its,
The Principle Secretary,
Social Welfare and Women empowerment Department,
Fort St.George, Secretariat, Chennai – 600 009.
2.The District Collector,
Office of the District Collector,
Rajaji road, Chennai – 600 001.
3.The Inspector of Police,
W-13, All Women Police Station,
Old Washermenpet range,
#608, T.H.Road, Tondiarpet,
Chennai – 600 081. .. Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying for
the issuance of a Writ of Mandamus, directing the first respondent to disburse the
compensation amount Rs.6,00,000/- ordered by the Special Court for cases under
POCSO Act 2012, Chennai in SC.No.120 of 2018 order dated 12.12.2018 in
pursuance of the petitioner's representation dated 24.11.2022 within time limit.
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2023
For Petitioner : Mr.S.Jeevanantham
For Respondents : Mr.S.Santhosh
Government Advocate (Crl. Side)
ORDER
This Writ Petition has been filed to direct the first respondent to disburse the
compensation amount Rs.6,00,000/- ordered by the Special Court for cases under
POCSO Act 2012, Chennai in SC.No.120 of 2018 order dated 12.12.2018 in
pursuance of the petitioner's representation dated 24.11.2022 within time limit.
2.The learned counsel for the petitioner submitted that the learned Session
Judge/Mahila Court, while disposing sessions case No.120 of 2018 on 12.12.2018
directed payment of Rs.6,00,000/- as compensation to the victim girl. There was
also a direction for paying Rs.1,50,000/- as interim compensation for the victim
girl to be paid to the mother of the victim girl, for the purpose of rehabilitation of
the victim girl from the victim compensation fund as prescribed under Rule 7 (4)
& (5) of the Protection of Children from Sexual Offences Act, 2012.
3.He further submitted that despite the order passed on 12.12.2018,
respondents have not paid the victim compensation amount. Therefore this petition
is filed.
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2023
4.The learned Government Advocate (Criminal side) submitted that
petitioner had already submitted representation dated 24.11.2022 and it would be
processed and appropriate orders would be passed.
5.Considered the rival submissions and perused the records.
6.This Court on going through the judgment of the learned Sessions/Mahila
Court finds that a sum of Rs.6,00,000/- was directed to be paid as compensation to
the victim girl. It is now reported that not even the interim compensation of
Rs.1,50,000/- was paid. Therefore, the victim girl, now major, the petitioner herein
is entitled to receive Rs.6,00,000/- as victim compensation. The
respondents/Police are directed to consider the petitioner's representation dated
24.11.2022 appropriately and in the manner known to law as early as possible,
preferably within a period of four weeks from the date of receipt of a copy of this
order.
7.Accordingly, this Writ Petition is disposed of. No costs.
04.01.2023
Index: Yes/No
ep
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2023
To
1.The State represented by its,
The Principle Secretary,
Social Welfare and Women empowerment Department,
Fort St.George, Secretariat, Chennai – 600 009.
2.The District Collector,
Office of the District Collector,
Rajaji road, Chennai – 600 001.
3.The Inspector of Police,
W-13, All Women Police Station,
Old Washermenpet range,
#608, T.H.Road, Tondiarpet,
Chennai – 600 081.
4.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2023
G.CHANDRASEKHARAN, J.
ep
W.P.No.2 of 2023
04.01.2023
https://www.mhc.tn.gov.in/judis
W.P.No.2 of 2023
https://www.mhc.tn.gov.in/judis
