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Madras High CourtWP/1900/2012disposed of

G.Manivasaki, v. The Union Of India,

2021-10-06Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.NO.1900 OF 2012 AND M.P.NO.1 OF 2012 G.Manivasaki ... Petitioner .Vs.

1. The Union of India, The Ministry of Rural Development, Rep. by its Secretary, Krish Bhawan, Dr.Rajendraprasad Road, New Delhi - 110 001.

2. The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 008.

3. The District Collector,

4. The Superintendent of Police,

5. The Revenue Development Officer, Mayiladuthurai.

6. The Inspector of Police, Anaikkaran Chattiram Police Station,

7. The Panchayat President,

8. Santhi Murugesan, The Vice-President,

9. Revathy Siva, People Welfare Worker (MNP),

10. Nagaraj, The Member of Panchayat, ... Respondents PRAYER:- Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 4 and 6 to register case on the basis of the complaint dated 02.12.2011 and investigate the same and file a final report with in the time frame fixed and directing the respondents 1 to 3 to provide adequate compensation of Rs.10,00,000/- to the family of the deceased Mr. Ganesan i.e., the petitioner's family within time frame fixed. For Petitioner :

Mr.S.Rajinikanth For Respondents :

Mr.C.Kathiravan Government Advocate (For R1 to R6) Mr.M.C.Swamy (For R7 to R10)

O R D E R

The relief sought for in this writ petition is to direct respondent Nos.4 and 6 to register case based on the complaint dated 02.12.2011 and investigate the same and file a final report and for a further direction to direct respondent Nos.1 to 3 to provide adequate compensation of Rs.10,00,000/- to the family of the deceased Mr.Ganesan i.e., the petitioner's family.

2. The respondent-Block Development Officer has filed a counter-affidavit stating that the petitioner died due to drowning in Arasur Tank, and that on a report submitted by the Village Administrative Officer of Arasur Village, the Sub-Inspector of Police, Anaikkaran Chatram filed a case in Crime No.525 of 2011 on 26.11.2011 under Section 174 CrPC and investigated the matter. The death of the husband of the

petitioner was published in a news paper also, in which it is stated that he fell down in the tank, while he was washing his face and died due to drowning. Thus, the case was registered by the Sub-Inspector of Police, Anaikkaran Chatram also filed counter-affidavit stating that the criminal case was registered under Section 174 CrPC.

3. This being the factum, the petitioner is at liberty to seek remedy before appropriate forum in the manner known to law.

4. With the above liberty, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar Maya To 1.

The Secretary, The Ministry of Rural Development, Krish Bhawan, Dr.Rajendraprasad Road, New Delhi - 110 001.

2.

The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai - 600 008.

3.

The District Collector, 4.

The Superintendent of Police, 5.

The Revenue Development Officer, Mayiladuthurai.

6.

The Inspector of Police, Anaikkaran Chattiram Police Station,

7.

The Panchayat President, 8.

The Vice-President, 9.

The People Welfare Worker (MNP),

10. The Member of Panchayat, +1cc to the Government Pleader, S.R.No.52809 W.P.NO.1900 OF 2012 PVS(CO) PBS/01/11/2021