Disposed

Varaaki, S/o. v.Radhakrishnan, v. The State of Tamil Nadu

Madras HC15 Dec 2016WP/12001/2016

Case brief

AI extract

What is this about?

Petitioner challenged honour killings via writ petition under Article 226, seeking mandamus for legislation and arms. The Court closed proceedings after noting legislative pending status and compliance with earlier orders, expressing hope for future legislation. No specific relief granted.

What did the court decide?

Proceedings closed; no costs awarded; no specific direction issued regarding legislation or arms.

Varaaki, S/o. v.Radhakrishnan, Vs The State of Tamil Nadu — Caste Atrocities | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 15.12.2016

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CORAM :

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The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE

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AND

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The Hon'ble MR.JUSTICE M.SUNDAR

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W.P. No.12001 of 2016 Varaaki .. Petitioner -vs1.The State of Tamil Nadu, Rep. By its Chief Secretary, Fort St. George, Chennai-9. 2.The Government of Tamil Nadu, through the Council of Minister Rep. By its Chief Minister, Fort St. George, Chennai-9. 3.The Opposition Party, Members of Legislative Assembly to the Govt. of Tamil Nadu, Fort St. George, Chennai-9. 4.The National Commission for Scheduled Caste, Rep. By its Secretary, 5^th Floor, Loknayak Bhawan, Khan Market, New Delhi 110 003. 5.National Commission for Scheduled Tribe, Rep. By its Secretary, 6^th Floor, B-Wing, Loknayak Bhawan, Khan Market, New Delhi 110 003. 6.The Director, National Commission for Scheduled Caste, (State Office), 2^nd Floor, Block-5, Shastri Bhawan, Chennai-6.

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https://hcservices.ecourts.gov.in/hcservices/

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7.Union of India, Rep. By Secretary, Scheduled Caste Development Division, Dept. of Social Justice and Empowerment, Ministry of Social Justice and Empowerment, New Delhi 110 011. 8.Union of India, Rep. By Secretary, Dept., of Tribal Affairs, Ministry of Tribal Affairs, New Delhi 110 011. (RR7 and 8 impleaded as per order dated 27.07.2016 in WP)No.12001/2016 .. Respondents

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents and particularly 3^rd and 4^th respondents to bring new legislation against the Honour killings; to provide arms to the Scheduled Caste people contemplated Rule 3 (1) (5) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Rules, 1955 those who are living in the atrocities prone District; this Hon'ble Court to frame guidelines to prevent the Honour Killings as like framed by the Hon'ble Apex Court as Judicial Legislation like, D.K.Basu's case, 1997 (1) SCC 416, Vishaka Case, 1997 (6) SCC page 241, etc.

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For Petitioner : Mr.P.Vijendran For Respondents : Mr.M.K.Subramanian Govt. Pleader for RR 1 and 2 : Mr.Su.Srinivasan Asst. Solicitor General for RR 4 to 6 : No appearance for R-3 O R D E R (Order of the Court was made by The Hon'ble Chief Justice)

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Learned Assistant Solicitor General states that in so far as the standalone legislation to combat ''Honour Killing'' is concerned, the same is still pending with the legislative department and it is proposed to have consultation with the States.

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2.Para 4 of our order dated 27.09.2016 has not been complied with. Learned Government Pleader requests for two (2) weeks time for the said purpose.

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https://hcservices.ecourts.gov.in/hcservices/

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3.A circular memorandum has been issued dated 04.11.2016 complying with paras 6 and 7 of our order dated 27.09.2016.

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4.In the end, we can only hope that the issue of the standalone legislation is addressed at the earliest.

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5.We, accordingly, close the proceedings. No costs.

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Sd/-

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Assistant Registrar

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//True Copy//
Sub Assistant Registrar
sra
To
1.The Chief Secretary to Govt. of Tamil Nadu,
Fort St. George, Chennai-9.
2.The Chief Minister to Govt. of Tamil Nadu,
through the Council of Minister
Fort St. George, Chennai-9.
3.The Secretary
Opposition Party,
Members of Legislative Assembly
to the Govt. of Tamil Nadu,
Fort St. George, Chennai-9.

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4.The Secretary National Commission for Scheduled Caste, Rep. By its 5^th Floor, Loknayak Bhawan, Khan Market, New Delhi 110 003.

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5.The Secretary,National Commission for Scheduled Tribe, Rep. 6^th Floor, B-Wing, Loknayak Bhawan, Khan Market, New Delhi 110 003.

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6.The Director, National Commission for Scheduled Caste, (State Office), 2^nd Floor, Block-5, Shastri Bhawan, Chennai-6.

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https://hcservices.ecourts.gov.in/hcservices/

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7.The Secretary to Union of India, Scheduled Caste Development Division, Dept. of Social Justice and Empowerment, Ministry of Social Justice and Empowerment, New Delhi 110 011. 8.The Secretary to Union of India, Dept., of Tribal Affairs, Ministry of Tribal Affairs, New Delhi 110 011. +1cc to Mr.Srinivasan, Advocate, S.R.No.73169 +1cc to the Government Pleader, S.R.No.73279 ev(CO) md(27/12/2016) W.P.No.12001 of 2016

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https://hcservices.ecourts.gov.in/hcservices/

Varaaki, S/o. v.Radhakrishnan, v. The State of Tamil Nadu

Case brief

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Varaaki, S/o. v.Radhakrishnan, v. The State of Tamil Nadu

Case brief

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