Kerala High Court Directs KeLSA To Expedite Disbursal Of Victim Compensation, Mediator Fee Authorised By State

The Kerala High Court on Monday (March 30) directed the Member Secretary of the Kerala State Legal Services Authority (KeLSA) to expeditiously disburse the victim compensation amount and mediator fees that was authorized by the State government.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. also directed the Member Secretary to file a report in this regard, mentioning the amounts required in the next financial year. The Bench was hearing two connected pleas, including a suo motu petition concerning the infrastructural requirements of mediation centres, adequate support staff and regular office stationery. In the connected matter, one of the prayers was for enhancement of mediator fees.Earlier this month, the Court had remarked that it would pass orders to attach the Treasury accounts of the State government in case the amounts due to the Victim Compensation Fund and the fees to the mediators are not paid within a week. Thereafter, the State Finance Department filed an affidavit stating that the department has authorised an amount of ₹36.50 Crores for clearing the arrears of victim compensation and ₹12.26 Crores towards settlement of arrears of mediator fees. On Monday, the senior government pleader produced a government order dated March 27, 2026 whereby an additional expenditure to the tune of ₹11,08,87,000/- was authorised to be spent towards the payment of victim compensation.The Member Secretary, KeLSA, who was present before the Court submitted that it may not be possible to disburse the entire amount in this financial year (2025-2026), as the fund was sanctioned only three days back.The Additional Chief Secretary of the Finance Department, who had appeared online, then suggested that the fund earmarked for the FY 2025-26 can be transferred to a Treasury bank account and utilised without having to surrender it.“So, whatever the amount KeLSA can spend within 2 days, let them spend it and the remaining balance amount, you will authorize them to utilize this… They should be allowed to carry forward the balance amount before the next financial year and you will grant necessary approval for utilization of the remaining balance for the next financial year, in addition to any amount that may be required by KeLSA,” the Court orally said.It then directed:“The Member Secretary, KeLSA is directed to ensure expeditious disbursement of the victim compensation amount and the payment of the Mediators fees and shall file a report with regard to the utilisation of fund on the next posting date. The said report shall also indicate if any further amount is required for the next financial year, 2026-2027. The Member Secretary, KeLSA is also directed to ensure monthly statements, to be sent to the Nodal Officer (Home Department) with copies to the Law Department and Finance department regarding the utilisation of the amounts. Any further amount required towards the victim compensation, the fee of the Mediators shall also be pointed out in the said report. If contributions from the Government is due/outstanding on any other count the same shall also be pointed out. The Registrar General shall forward the said requirement to the Additional Chief Secretary, Finance Department for consideration on urgent basis.”“This amount should not be carried forward. Whenever you have requirement, you approach them. If they are not paying, you mention before us. I hope the situation never comes that you have to mention before us,” the Court orally added to the Member Secretary.During the last posting, the Court had recorded the submission of the counsel for the High Court Administration that an affidavit regarding the infrastructural issues and the same would be served upon the State and had directed the State to file an affidavit dealing with the same.The High Court Administration has now sought more time to file the same and the same was allowed. KeLSA then submitted a proposal to the tune of ₹1,24,50,000/ has been forwarded to the Government and the matter is pending before the Law department.Recording the submission, the Court directed the Law Secretary to forward the proposal to the Finance department along with the infrastructural requirements of the High Court. The Registrar General was directed to immediately forward the pending infrastructure issues to the Finance Department for consideration and appropriate decision.The Finance department's Additional Chief Secretary was then requested to look into the matter and file a report regarding the steps by the government regarding the issues.Regarding the prayer in the plea for enhancement of mediator fees, the Court directed the Mediation Committee to consider the same and file a report:“The Mediation Committee shall consider the prayer for enhancement of the fees of the Mediator and the Registry attached to the Mediation Centre shall file a report on the adjourned date.”The matter is posted on May 25 next.Case No: WP(C) Nos. 42844 and 48511 of 2025Case...

Kerala High Court Directs KeLSA To Expedite Disbursal Of Victim Compensation, Mediator Fee Authorised By State

K. Salma Jennath

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