P.VIJAYABHARATHY Vs. DISTRICT COLLECTOR-CUM

JUDGEMENT

(1.) This writ petition has been filed seeking quashment of the impugned order passed by the 1st respondent vide office proceedings in Na.Ka.No.4929/2015/H5, dtd. 13/5/2019 and consequently, direct the respondents to grant the relief of amount Rs.1,95,000.00 (after deducting Rs.1,80,000.00 already disbursed from the 75% of the total relief Rs.5,00,000.00) to the petitioner within a stipulated time that may be fixed by this court.

(2.) The facts in brief:- The petitioner is the de-facto complainant as well as the victim in Crime No.55 of 2014, which was registered for the offences under Sec. 417, 376 IPC r/w 3(2) (1) and 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2014. After investigation, final report was filed and taken cognizance in Special SC No. 42 of 2019 and now, it is pending before the Special Court, Dindigul.

(3.) The petitioner belongs to Hindu Sakkiliyar caste, which falls under the Scheduled Caste community and the accused belongs to Hindu Maravar community. Seeking compensation amount, the petitioner filed Crl.OP(MD)No. 20074 of 2014 under the victim relief fund scheme. This court directed the concerned official respondent to disburse Rs.1,80,000.00, which was fixed by the Ministry of Social Justice and Empowerment. It has been observed by this court that the amount was increased from Rs.1,20, 000.00 to Rs.1,80,000.00. In pursuance of the above said direction, the petitioner approached the respondents, but they disbursed only Rs.60,000.00. As per the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Rules, 2016, the petitioner is entitled for the relief and compensation of Rs.5,00,000.00. 50% of the amount must be disbursed soon-after the completion of the medical test. 25% must be disbursed at the time of filing the final report. Totally Rs.3, 75, 000.00 is to be paid to the petitioner. Again, she approached this court by way of filing in Crl. OP (MD) No. 2 of 2018 and that was disposed by this court, by directing the first respondent to consider the petition in the light of the observation. It has been observed by this court that since it is the welfare legislation, even though the occurrence took place before 2006, considering the benevolent provisions, the compensation amount can be disbursed to the petitioner as per the amended Rules. Again, he made a representation on the basis of the above said order, on 30/05/2009. The first respondent passed an order in Na.Ka.No.4929/2015/H5 stating that Rs.1,80,000.00 was paid and no more amount can be paid. Now seeking quashment of the order in Na.Ka.No.4929/2015/H5 and directed the respondents to grant Rs.1,95,000.00, this petition is filed.