Dismissed

K.Dhanalashimi, v. the Principal Secretary

Madras HC8 Nov 2021WA(MD)/1538/2021

Case brief

AI extract

What is this about?

In this writ appeal, the appellant seeking compensation for the murder of her daughter inside a college premises argued for compensation based on a representation filed. The Court observed that questions of compensation cannot be decided while the related criminal case is pending and dismissed the appeal.

What did the court decide?

The writ appeal was dismissed. No costs awarded.

K.Dhanalashimi, Vs the Principal Secretary — Writ and Judicial Review | Madras HC (2021)

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W.A(MD)No.1538 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.11.2021 CORAM :

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THE HONOURABLE TMT.JUSTICE PUSHPA SATHYANARAYANA and

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THE HONOURABLE THIRU.JUSTICE P.VELMURUGAN

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W.A(MD)No.1538 of 2021

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K.Dhanalashimi

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... Appellant/Petitioner

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vs.

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1.The Principal Secretary, Commissioner of Land Revenue Administrative, Disaster Management and Mitigation, Chennai.

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2.The District Collector, Karur District, Karur.

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3.The Commissioner, Directorate of Technical Education, Guindy, Chennai-2.

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4.The Correspondent, Karur College of Engineering, Athoor, Karur District. ... Respondents/Respondents

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Appeal filed under Clause 15 of Letters Patent, to set aside the order of single Judge in W.P.(MD).No.17046/2020 dated 02.12.2020.

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Prayer in WP(MD). 17046/ 2020 :

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Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to give adequate compensation for the petitioner by considering the petitioners representation dt 04.09.2019.

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For Appellant : Mr.J.Gunaseelanmuthiah For R1 to R3 : Mr.P.Subbaraj, Government Advocate

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JUDGMENT

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(Judgment of the Court was made by PUSHPA SATHYANARAYANA, J.)

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The writ appeal is directed against the order passed by the learned single Judge in W.P(MD)No.17046/2020, dated 02.12.2020.

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

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W.A(MD)No.1538 of 2021

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2.The writ petition itself is filed claiming adequate compensation for the petitioner who is a widow and who had lost her daughter being murdered inside the 4^th respondent college premises.

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3.Admittedly, the criminal case is still pending in S.C.No.24/2017 before the Principal District Judge, Karur. The petitioner also seems to have sent a representation to the District Collector as well as the Principal Secretary to Government, claiming compensation for the death of her daughter that is also still pending. Accepting the statement made by the petitioner that her daughter was murdered within the college premises, unless and otherwise the criminal case is decided, the question of compensation cannot be decided. The relief sought for by the petitioner cannot be granted, as, if for every murder, the Government has to pay compensation, then there will be no end to it. Therefore, the Writ Court has rightly dismissed the writ petition. We also, do not want to interfere with the same.

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4.Accordingly, this Writ Appeal is dismissed. No costs. Sd/-

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// True Copy //

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/ /2021 Sub Assistant Registrar(CS)

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bala

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1.The Principal Secretary,

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Commissioner of Land Revenue Administrative, Disaster Management and Mitigation, Chennai.

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2.The District Collector, Karur District, Karur.

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3.The Commissioner, Directorate of Technical Education, Guindy, Chennai-2.

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+1 CC to M/s.J.GUNASEELANMUTHIAH, Advocate (SR-33743[F] dated 09/11/2021)

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+1 CC to M/s.SPL.GP ( SR-33784[F] dated 09/11/2021 )

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W.A(MD)No.1538 of 2021 08.11.2021

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KS(CO)

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RS/SKN (17.11.2021) 2P 6C

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

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K.Dhanalashimi, v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

K.Dhanalashimi, v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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