Allowed

Nationalinstitute Oftechnology v. the Presiding Officer

Madras HC1 Aug 2022WA/1096/2018

Case brief

AI extract

What is this about?

In this writ appeal, the Division Bench addressed an application for further compensation regarding a victim of sexual assault. Noting the original writ petition's purpose was fulfilled by interim payment, the court dismissed the appeal instead and directed the appellant to seek compensation directly from the District Legal Services Authority under the State 2018 Scheme.

What did the court decide?

The original writ petition was set aside; appellant directed to apply to Member Secretary, District Legal Services Authority, for compensation under the 2018 Scheme within two months.

Nationalinstitute Oftechnology Vs the Presiding… — Writ and Judicial Review | Madras HC (2022)

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W.A.No.328 of 2019

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 27.09.2022

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CORAM

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THE HONOURABLE Mr.JUSTICE R.SUBRAMANIAN and THE HONOURABLE Mr.JUSTICE KUMARESH BABU

W.A.No.328 of 2019

B.Mallika

.... Appellant

1.The District Collector Perambalur Perambalur District.

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2.The District Child Protection Officer Department of Social Defence 154, M.M.Plaza, IInd Floor Trichy Main Road Perambalur Perambalur District.

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3.The Legal-cum Probation Officer District Child Protection Unit 154 M.M.Plaza, 2nd Floor Trichy Main Road Perambalur Perambalur District.

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https://www.mhc.tn.gov.in/judis 1/6

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W.A.No.328 of 2019

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4.The Residential Medical Officer Government Head Quarters Hospital Near Old Bus Stand Perambalur Perambalur District.

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5.The Warden Annai Angel Short Stay Home Rover Arch Street Venkatesapuram Perambalur Perambalur District.

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6.The Inspector of Police All Women Police Station Perambalur Perambalur District.

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7.The District Social Welfare Officer Collectorate Campus Perambalur District. .... Respondents

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Prayer : Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 22.10.2018 made in W.P.No.25581 of 2018 and allow the appeal.

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For Appellant : Ms.K.Ahkilandeswari

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For Respondents : Mr.Vadivelu Deenadayalan Additional Government Pleader

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https://www.mhc.tn.gov.in/judis 2/6

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W.A.No.328 of 2019

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JUDGMENT

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[Judgment of the Court was made by R.SUBRAMANIAN.J]

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It is rather an unfortunate case where the daughter of the petitioner conceived of sexual assault on her. The attempt of the petitioner to have the pregnancy terminated medically failed because the medical opinion was against the said termination. Pending appeal, the daughter of the appellant had delivered a child. Therefore, the Division Bench had directed payment of Rs.1,25,000/- as interim compensation and the same has also been paid.

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The learned counsel for the appellant would submit that she would be entitled to something more under the victim compensation scheme.

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The State had introduced 'Compensation Scheme for Women Victims / Survivors of Sexual Assaults and other Crimes-2018' vide G.O.(Ms.) No.1591 dated 24.09.2018 as per the directions of the Hon'ble Supreme Court in its order dated 11.05.2018 in W.P.(Civil) No.565/2012. Under the said Government Order, the Member Secretary, District Legal Services Authority is the designated authority for determining the compensation under the said compensation scheme and the amount of compensation payable is also fixed under the said

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https://www.mhc.tn.gov.in/judis 3/6

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W.A.No.328 of 2019

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Government Order. Since the original purpose of writ petition itself has become illusory, we dispose of the appeal leaving it open to the appellant to apply to the Member Secretary, District Legal Services Authority, Perambalur, seeking compensation under the scheme referred to supra. If such an application is made by the appellant for compensation, the Member Secretary, District Legal Services Authority, Perambalur will dispose of the same within a period of two months from the date of filing of the application. No costs.

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27.09.2022

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Index : Yes / No Speaking order / Non-speaking order ds

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