[Cites 3, Cited by 0]
Madras High Court
Subramanian vs The District Collector on 17 February, 2026
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
WP(MD). 4383 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 17/02/2026
CORAM
The Hon`ble Mr.Justice KRISHNAN RAMASAMY
WP(MD). No.4383 of 2026
Subramanian ... Petitioner
Vs
1. The District Collector,
Pudukkottai District..
2. The Superintendent of Police,
Pudukkottai District..
3. The Secretary,
District Legal Service Authority,
Pudukkottai..
4. The Inspector of Police,
Illupur Police Station,
Pudukkottai District.. ... Respondents
PRAYER :-Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Mandamus, thereby directing
the respondents to provide compensation to the petitioner under the
Victim Compensation Scheme by considering his representation dated
27.09.2025 at once.
1/6
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WP(MD). 4383 of 2026
For Petitioner : Mr.P.Ganapathi Subramanian
For Respondents : Mrs.K.Malathi for R1 and R3
Additional Government Pleader
Mr.A.Albert James for R2 and R4
Government Advocate (Crl. side)
ORDER
This writ petition has been filed for a mandamus to direct the
respondents to provide compensation to the petitioner under the Victim
Compensation Scheme by considering his representation dated
27.09.2025 at once.
2. Heard the learned counsel for the petitioner and the learned
Additional Government Pleader and the learned Government Advocate
for the respondents. By consent of both sides, the writ petition itself is
taken up for final disposal at the stage of admission itself.
3. The learned counsel for the petitioner would submit that the
petitioner is a victim, who has suffered grievous injuries in an occurrence
due to the attack made by the accused persons and a case in Crime No.
111 of 2024 has also been registered and the trial is on. While so, for the
injuries suffered by the petitioner, seeking compensation for the same,
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WP(MD). 4383 of 2026
the petitioner has preferred a representation to the respondents. Since
neither compensation has been paid nor representation is considered, the
petitioner is before this Court.
4. The learned Additional Government Pleader would submit that
the trial is yet to complete in the said criminal case and though the
petitioner has averred in his affidavit about Sections 357 and 357A of the
Code of Criminal Procedure for victim compensation,the petitioner,
without waiting for the verdict, has approached this Court by way of this
writ petition. He would submit that the concerned Court alone could
issue a direction or make recommendations in respect of victim
compensation. He would further submit that when the Court is making
recommendation for the purpose of payment of compensation, the
compensation will be determined in the manner provided under Sections
357 and 357 of Cr.P.C. and the authorities could not consider the same by
simply considering the representation of the petitioner. Hence, he would
submit that the writ petition is not maintainable and prays for dismissal.
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WP(MD). 4383 of 2026
5. I have considered the rival submissions and perused the
materials available on record.
6. It is not in dispute that the petitioner is a victim in an alleged
incident and suffered grievous injuries at the hands of the accused
therein, which culminated in filing of charge sheet and trial is on. When
the trial is yet to be completed, the petitioner without waiting for the
verdict has filed the present writ petition seeking compensation under
Section 357 and 357A of the Code of Criminal Procedure, which
ultimately for the Court concerned to make recommendations and if any
recommendation is made, either interim or final compensation, as the
case may be, under Sections 357 and 357A of the Code, the petitioner is
entitled to such compensation. When the petitioner himself averred in
the affidavit with regard to the provisions under Sections 357 and 357A
of the Code, the petitioner is directed to follow the procedure laid down
under Sections 357 and 357A of the Code. Without doing so, filing the
present writ petition by making representation to the authorities is
nothing but a futile exercise. The authorities have got no power to award
compensation and the Court concerned has power to make
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WP(MD). 4383 of 2026
recommendation under Sections 357 and 357A of the Code Accordingly,
the writ petition fails and the same is dismissed. No costs.
17.02.2026
NCC : Yes/No
Index : Yes/No
RR
To
1. The District Collector,
Pudukkottai District..
2. The Superintendent of Police,
Pudukkottai District..
3. The Secretary,
District Legal Service Authority,
Pudukkottai..
4. The Inspector of Police,
Illupur Police Station,
Pudukkottai District..
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WP(MD). 4383 of 2026
KRISHNAN RAMASAMY, J
RR
ORDER
IN
Date : 17/02/2026
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