Disposed

Thilagakani F/23, (Died) v. National Legal Services Authority

Madras HC12 Dec 2022WP(MD)/3473/2020

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court disposed of a writ petition seeking a government job and compensation for the petitioner, who had died during the pendency of the case. The court directed impleaded petitioners to submit a fresh representation to the Legal Services Authorities to avail compensation.

What did the court decide?

Direction to impleaded petitioners to send a fresh representation to the District or State Legal Services Authority for consideration of compensation.

Thilagakani F/23, (Died) Vs National Legal Services… — Service and Employment | Madras HC (2022)

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W.P.(MD)No.3473 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 12.12.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE SUNDER MOHAN

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W.P.(MD)No.3473 of 2020

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Thilagakani (died)

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1.Santhosam 2.Minor K.Rubikasri .. Petitioners

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Vs. 1.National Legal Services Authority, No.12/11, Jam Nagar House, Shahjahan Road, New Delhi.

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2.The Secretary to Government, Secretariat, St.George Fort, Chennai.

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3.State AIDS Control Board, No.417, Parthiban Salai, Egmore, Chennai – 600 008.

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4.The Secretary to Government, State of Tamilnadu, Social Welfare and Justice Department, Secretariat, Fort St.George,

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

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W.P.(MD)No.3473 of 2020

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Chennai- 600 009.

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5.The District Collector, Virudhuangar District, Virudhunagar.

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6.The District Welfare Officer, Social Welfare Department, Virudhunagar District.

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7.The Inspector of Police, Vaniyampatti Police Station, Virudhunagar District.

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8.Ayyappan

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.. Respondents

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[P2&P3 are substituted vide Court order dated 04.03.2022 in WMP(MD)3408/2022]

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Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the official respondents to provide suitable Government Job and compensation amount to the petitioner in pursuant to the illegal act committed by the 8^th respondent herein on the basis of the petitioner's representation dated 13.09.2019.

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

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W.P.(MD)No.3473 of 2020

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For Petitioners : Mr.S.Vikram For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor for R1, R2, R4 to R7 : Mr.M.Jothi Basu for R8

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:Mr.Niraimathi for R3

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O R D E R

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The writ petition is filed for issuance of a writ of mandamus seeking a direction to the official respondents to provide compensation to the petitioner for the offence committed by the 8^th respondent herein under Sections 376, 506(i) @ 366 A, 376, 307 r/w 34 IPC registered in Crime No. 56/2008 on the file of the 7^th respondent.

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2 . It is reported that subsequent to the filing of writ petition, the

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petitioner died on 29.07.2020. Subsequently, Mrs.Santhosam, the petitioner's mother and her minor daughter have been impleaded as petitioners 2 and 3.

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

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W.P.(MD)No.3473 of 2020

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3. The learned Additional Public Prosecutor for the State submitted

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that in order to avail compensation, the petitioners ought to have given a representation to either the District Legal Services Authority or the State Legal Services Authority. However, the deceased petitioner had not given any such representation. He further submitted that if any representation is given by the impleaded petitioners, that may be considered by the authority concerned.

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4 . In such circumstances, the impleaded petitioners may now send a fresh representation to either the District Legal Services Authority or the State Legal Services Authority. On receipt of such representation, the authority concerned shall consider the representation in accordance with law.

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5 . This writ petition is disposed of with the above direction. No Costs.

12.12.2022

PJL

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

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W.P.(MD)No.3473 of 2020

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1.National Legal Services Authority, No.12/11, Jam Nagar House, Shahjahan Road, New Delhi.

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2.The Secretary to Government, Secretariat, St.George Fort, Chennai.

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3.The Secretary to Government, State of Tamilnadu, Social Welfare and Justice Department, Secretariat, Fort St.George, Chennai- 600 009.

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4.The District Collector, Virudhuangar District, Virudhunagar.

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5.The District Welfare Officer, Social Welfare Department, Virudhunagar District.

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6.The Inspector of Police, Vaniyampatti Police Station, Virudhunagar District.

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7.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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

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W.P.(MD)No.3473 of 2020

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SUNDER MOHAN,J.

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PJL

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W.P(MD)No.3473 of 2020

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12.12.2022

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

Thilagakani F/23, (Died) v. National Legal Services Authority

Case brief

What is this about?

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Thilagakani F/23, (Died) v. National Legal Services Authority

Case brief

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