T.Rani v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI T.Rani ... Petitioner Vs.

1.The State rep. by its Additional Chief Secretary to the Government/ Commissioner of Revenue Administration, Commissionerate of Disaster Management and Mitigation Department, Chepauk, Chennai - 600 005.

2.District Collector, Trippur Collectorate, Gaundanpalayam, Tiruppur - 641 604.

3.Revenue Divisional Officer, Office of the Revenue Divisional, Tiruppur - 641 687.

4.Tahsildar Taluk Office - Tiruppur South, Tiruppur - 641 606.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to provide 1/6

compensation under Chief Minister's Public Relief Fund in the pursuant of the second respondent report in Na.Ka.eN.1495/2022/I2 dated 24.01.2022 in the pursuant of G.O.(Ms).No.89 dated 18.02.2015 and in the light of Verdict in W.P.(MD). No.12456 of 2019 to the petitioner.

For Petitioner : Mr.P.Saravanan For Respondents : Mr.V.Manoharan Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the first respondent to provide compensation under Chief Minister's Public Relief Fund in the pursuant of the second respondent report in Na.Ka.eN.1495/2022/I2, dated 24.01.2022, in pursuant of G.O.(Ms).No.89 dated 18.02.2015 and in the light of the verdict in W.P.(MD).No.12456 of 2019 to the petitioner.

2.The case of the petitioner is that on 17.01.2022, 17 members including the petitioner's two sons late.T.Ivan Prasath and late.T.Mohan Prasath went to worship and visit Maamparai Muniyappan Temple situated at Dindigul District and after 2/6

worshipping the deity, 7 members returned and 12 members including the petitioner's sons decided to have a bath in Amaravathi River at 3.45 p.m. and due to heavy depth, 6 members including the petitioner's sons died due to drowning. With regard to the said incident, a case in Crime No.33 of 2022 was registered by the Dharapuram Police Station, Tiruppur District on 17.01.2022.

3.The further case of the petitioner is that on 20.01.2022, the petitioner's husband Tirupathi gave petition to the second respondent seeking to grant compensation under the Chief Minister's Public Relief Fund for the death of their sons and the second respondent sought for enquiry report from the respondents 3 and 4 and based on the enquiry report, the second respondent sent recommendation report dated 24.01.2022 to the first respondent to grant compensation under the Chief Minister's Public Relief Fund, however, the compensation has not yet been granted. Hence, this writ petition. 4.The learned counsel appearing for the petitioner submitted that this Court may issue direction to the first respondent to provide 3/6

compensation under the Chief Minister's Public Relief Fund in terms of the second respondent's recommendation report in Na.Ka.eN.1495/ 2022/I2, dated 24.01.2022 to the petitioner.

5.Considering the request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider the representation made by the petitioner's husband on 20.01.2022, in terms of the second respondent's recommendation report in Na.Ka.eN. 1495/2022/I2, dated 24.01.2022 and pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.

6.This writ petition is accordingly disposed of. No costs. 08.06.2023 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/6

To 1.The Additional Chief Secretary to the Government/ Commissioner of Revenue Administration, Commissionerate of Disaster Management and Mitigation Department, Chepauk, Chennai - 600 005.

2.The District Collector, Trippur Collectorate, Gaundanpalayam, Tiruppur - 641 604.

3.The Revenue Divisional Officer, Office of the Revenue Divisional, Tiruppur - 641 687.

4.The Tahsildar Taluk Office - Tiruppur South, Tiruppur - 641 606.

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M.DHANDAPANI,J.

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