Ramalakshmi vs The State Rep. By
2023 Latest Caselaw 12913 Mad

                                                                        W.P(MD)No.21998 of 2023


                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED: 21.09.2023

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE B.PUGALENDHI

                                            W.P(MD)No.21998 of 2023


                     Ramalakshmi                                   ... Petitioner

                                                         Vs

                     1.The State rep. by
                       The Principal Secretary,
                       Home Department,
                       St. George Fort, Chennai.

                     2.The District Collector,
                       Ramanathapuram District.

                     3.The Superintendent of Police,
                       Ramanathapuram District.

                     4.The District Child Welfare Officer,
                       O/o.The District Collectorate,
                       Ramanathapuram,
                       Ramanathapuram District.                    ...Respondents

                     PRAYER: Writ Petition filed under Article 226 of the Constitution of
                     India, praying to issue a writ of Mandamus directing the respondents 1 &
                     2 herein to provide compensation to the petitioner daughter minor
                     R.Soniya Sri aged about 9 years in pursuance to the judgment dated


                     1/6
https://www.mhc.tn.gov.in/judis
                                                                        W.P(MD)No.21998 of 2023


                     17.03.2022 made in Spl.S.C.No.46 of 2021 on the file of the Fast Track
                     Mahila Court, Ramanathapuram District within a stipulated time period
                     in accordance with law by considering the representation dated
                     30.05.2022 and 02.09.2023.
                                  For Petitioner        :Mr.C.Senthil Murugan

                                  For R1, R2 & R4       :Mr.G.V.Vairam Santhosh
                                                         Additional Government Pleader

                                  For R3                : Mr.P.Kottaichamy
                                                         Government Advocate

                                                     ORDER

The petitioner's daughter aged about 9 years was sexually

assaulted by a person, for which, a criminal case has been registered by

the All Women Police Station, Paramakudi in Cr.No.30 of 2020 for the

offences under Sections 451 of IPC and 9(m), 9(u), 10 of Protection of

Child from Sexual Offences Act 2012 and 3(1)(r), 3(1)(w)(l) of SC & ST

(Prevention of Atrocities) Act, 1989.

2. The case was tried by the Fast Track / Mahila Court in

Spl.S.C.No.46 of 2021 and the accused was found guilty for the offence

under Section 451 IPC and 9(m)(u) and Section 11 of the POCSO Act

and the trial Court has imposed a maximum punishment of 7 years. The

https://www.mhc.tn.gov.in/judis W.P(MD)No.21998 of 2023

trial Court has also ordered compensation to the victim child directing

the Government to pay compensation of Rs.1,00,000/- (Rupees one lakh

only) to the victim by its judgment dated 17.03.2022.

3. The petitioner with the grievance that as per the order

passed by the Fast Track Court, Mahila Court, Ramanathapuram the

compensation has not been paid to the victim girl, therefore, has filed this

writ petition.

4. The learned Additional Government Pleader on written

instructions submits that based on the orders of the Fast Track Court,

Mahila Court, Ramanathapuram the fourth respondent has already sent

his proposal on 25.03.2022 to the first respondent and the compensation

would be provided within a reasonable time.

5. This Court considered the rival submissions made.

6. The trial Court while disposing the case has also passed

an order of awarding compensation as per Section 7(2), 7(4) and 7(5) of

https://www.mhc.tn.gov.in/judis W.P(MD)No.21998 of 2023

the Protection of Child from Sexual Offences Act 2012. Based on this

order dated 17.03.2022 a proposal has been made by the fourth

respondent as early as on 25.03.2022. However, the first respondent,

who is the authority to pass orders, has slept over the matter for the past

1 ½ years, therefore, the petitioner has filed the present writ petition.

7. In view of the above, this writ petition is allowed with a

cost of Rs.10,000/- the litigation expenses which has incurred by the

petitioner for filing this writ petition. The cost of Rs.10,000/- and

litigation expenses shall be paid by the first respondent to the victim girl

along with the compensation amount as awarded by the trial Court to the

victim girl within a period of two weeks from the date of receipt of a

copy of this order together with 12% interest. No costs.

                     NCC : Yes / No.
                     Index : Yes / No.                                            21.09.2023
                     Internet:Yes
                     am

https://www.mhc.tn.gov.in/judis W.P(MD)No.21998 of 2023

To

1.The Principal Secretary, Home Department, St. George Fort, Chennai.

2.The District Collector, Ramanathapuram District.

3.The Superintendent of Police, Ramanathapuram District.

4.The District Child Welfare Officer, Ramanathapuram, Ramanathapuram District.

https://www.mhc.tn.gov.in/judis W.P(MD)No.21998 of 2023

B.PUGALENDHI, J.

am

Order made in W.P(MD)No.21998 of 2023

21.09.2023

https://www.mhc.tn.gov.in/judis