G.Vedan v. The Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2023

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.9873 of 2023 G.Vedan ... petitioner -Vs1. The Director, Directorate of Tribal Welfare, Government of Tamilnadu, Ezhilagam, Chennai.

2. The District Collector , Salem District , Salem.

3. The Project Officer, Tribal Welfare, Salem District,

4. Special Tahsilciar, Pedanayakkampalayam Taluk, Salem District.

5. The Warden, ITI Boys hostel, Karumandurai,

6. The District Collector, Dharmapuri District.

R6- suo motu Impleaded AS PER ORDER DT 10.04.2023 by this Court.

... Respondents 6.

Prayer : Petition filed under Article 226 of the Constitution of India, for issuance of Writs of Mandamus directing the respondents to pay compensation to the petitioner on the basis of his representation dated 16.11.2022. For petitioner : Mr. S.Lawrence Peter For Respondent : Mr.U.Bharanidharan, AGP

O R D E R

This Court suo motu impleaded the 6th respondent/ District Collector, Dharmapuri District in this case.

2. This petition has been filed seeking a direction to the respondents to pay compensation to the petitioner on the basis of his representation dated 16.11.2022.

2. It is the case of the petitioner that his son V. Praveen was studying 1st year in ITI at Karumandurai Government ITI and he was staying at Government ITI Hostel at Karumandurai. On 29.09.2022, at around 7.00 am, he along with his hostel mates went to attend the nature call and take bath in the nearby lake

and unfortunately he plunged into the lake and died in the spot. In this regard the hostel warden has lodged a complaint and the same has been registered as Cr.No.94 of 2022 under section 174 of Cr.PC on 29.9.2022 by the Inspector of Police, Karurnandurai. Thereafter, the petitioner made a representation to the respondents 1 to 4 on 16.11.2022 for taking necessary action for paying compensation for his son's death, but there is no response till now. Hence this petition.

3. The learned counsel for the petitioner submitted that this Court may direct the respondents to consider his representation and pass appropriate orders within the reasonable time as fixed by this Court.

4. The learned Additional Government Pleader submitted that the District Collector, Salem has been forwarded the petitioner's representation to the Tahsildar. However, the representation will be considered and admitted ex-Gratia amount will be paid to the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the facts and circumstances of the case, this Court directs the 4th respondent/Tahsildar to forward the application to the 6th respodent/District Collector, Dharmapuri District within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of such representation, the 6th respondent is directed to consider the same and pass appropriate orders on merits and in accordance with law within a period of four weeks thereafter.

7. With the above direction, this writ petition is disposed of. No costs. 10.04.2023 rli To

1. The Director, Directorate of Tribal Welfare, Government of Tamilnadu, Ezhilagam, Chennai.

2. The District Collector , Salem District , Salem.

3. The Project Officer, Tribal Welfare, Salem District,

4. The Special Tahsilciar, Pedanayakkampalayam Taluk, Salem District.

5. The Warden, ITI Boys hostel, Karumandurai,

6. The District Collector, Dharmapuri District.

M.DHANDAPANI, J.

rli W.P.No.9873 of 2023 10.04.2023