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Madras High CourtWP/5343/2023disposed of with direction

S.Sakunthala v. The Additional Secretary To Govt.,

2024-09-10Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.5366 of 2023 S.Sakunthala ... Petitioner Vs.

1.The Additional Secretary to Government, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, 'Panagal Malligai', Jennis Road, Saidapet, Chennai - 600 015.

3.The Chief Conservator of Forests, No.259, Anna Salai, DMS Compound, III Floor, Teynampet, Chennai - 600 006.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents, especially the 2nd and 3rd respondents, to pay a total compensation amount of Rs.25.00 lakh along with interest to the petitioner. Page No.1 of 4

For Petitioner : Mr.K.M.Subrahmaniam For Respondent : Mr.S.Rajesh Government Advocate *****

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondents, especially the respondents 2 and 3 to pay a total compensation amount of Rs.25.00 lakh along with interest to the petitioner.

2. The case of the petitioner is that, her son was engaged by the 2nd respondent to attend the fault in the air-condition unit and while doing so, the outdoor unit all of a sudden exploded and due to which, he fell from the 3rd floor and sustained severe injuries. Inspite of the treatment given, her son succumbed to injuries. Thereby, an FIR was registered by the E-3, Teynampet Police Station in Crime No.1743 of 2014 under accidental fall. Thereafter, the petitioner had approached the officials of the respondents 2 and 3 by way of petitions and advocate notice claiming compensation for the death of her son, however, no action has been taken upon her request. Therefore, the petitioner has filed the present writ petition before this court. Page No.2 of 4

3. Though very many grounds have been raised in this writ petition, when the matter is taken up for hearing today, learned counsel for the petitioner submitted that, without going into the merits of the case, this court may grant liberty to the petitioner to approach the District Legal Services Authority as per Victim Compensation Scheme or the Labour Court.

4. In view of the above, this writ petition is dismissed with the above liberty. No costs. Consequently, the connected writ miscellaneous petition is closed.

10.09.2024 Index : Yes / No Speaking order / Non-speaking order sp To 1.The Additional Secretary to Government, Government of Tamil Nadu, Secretariat, Chennai - 600 009.

2.The Principal Chief Conservator of Forests, 'Panagal Malligai', Jennis Road, Saidapet, Chennai - 600 015.

Page No.3 of 4

M.DHANDAPANI, J.

sp 3.The Chief Conservator of Forests, No.259, Anna Salai, DMS Compound, III Floor, Teynampet, Chennai - 600 006.

10.09.2024 Page No.4 of 4