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Madras High CourtWP/5166/2020disposed of

M.Sumathi v. The District Collector,

2023-06-07Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2023

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.5166 of 2020 M.Sumathi ... petitioner -Vs1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, Thavittupalayam, Adhani Road, Anthiyoor, Erode District.

3. The Executive Officer, Gettisamuthiram Panchayat, Anthiyoor, Erode District.

4. Raj ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Mandamus directing the respondents to pay the compensation of Rs. 15,00,000/- to the petitioner herein for the death of her husband Murugan within the stipulated period as fixed by this Honorable Court.

For petitioner : Mr. S.Parthasarathy For Respondent : Mr.P.Sathish, AGP RR1 to 3 Mr.N.Manoharan R4

O R D E R

The writ petition has been filed seeking a direction to the respondents to pay the compensation of Rs. 15,00,000/- to the petitioner herein for the death of her husband Murugan within the stipulated period as fixed by this Honorable Court.

2. It is the case of the petitioner that the respondents 2 &3 had appointed the 4th respondent to do the contract work of road repair work of Krishnapuram to JJ. Nagar, Anthiyoor Division. While the 4th respondent was repairing the road, they had a hallow pit to an extent of 10X20 feet in the road. Since there was no signal on 25.12.2015. The petitioner's husband had fall into the said hallow pit and died. Hence, the petitioner made a representation on 03.06.2019 to the respondents claiming compensation. Till date, no order has been passed. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that the petitioners husband was the only bread winner of the family and the said incident had

occurred only due to the carelessness and lethargic act of the 4th respondent and therefore, this Court may issue a direction to the respondents to consider the petitioners representation and pass appropriate orders within the stipulated time as fixed by this Court.

4. Heard the learned counsel on either side and perused the materials available on record.

5. In view of the limited request made by the learned counsel for the petitioner, this Court directs the first respondent to consider the petitioners representation and pass appropriate orders after providing opportunity to the petitioner in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

6. With the above observation, this writ petition is disposed of. No costs.

07.06.2023 rli

M.DHANDAPANI, J.

rli To

1. The District Collector, Erode District, Erode.

2. The Revenue Divisional Officer, Thavittupalayam, Adhani Road, Anthiyoor, Erode District.

3. The Executive Officer, Gettisamuthiram Panchayat, Anthiyoor, Erode District.

W.P.No.5166 of 2020 07.06.2023