C.Kuppan v. State Of Tamil Nadu

2024:MHC:5882

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.01.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM C.Kuppan ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by its Secretary to Government, Tamil Nadu Slum Clearance Board, Fort St. George, Chennai - 600 009.

2.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.

3.The District Collector, Kanchipuram District, Kanchipuram.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to pass orders on the petitioners representation dated 12.12.2017 within a stipulated period as fixed by this Court.

For Petitioners : Mr.S.Parthasarathy For R1 & R3 : Mr.G.Krishna Raja Additional Government Pleader For R2 : No Appearance

O R D E R

The relief sought for in the present writ petition is to direct the respondents to pass orders on the petitioner's representation dated 12.12.2017.

2. The petitioner states that he is a Fisherman and his son A.Uday Kumar was assisting him for fishing activities. On 19.03.2013, near Cyclone Protection House, the son of the petitioner was repairing the fishing net and the nearyby flat belonging to Tamil Nadu Slum Clearance Board had fallen from 15 Feet height on the head of the son of the petitioner and he sustained grieves injuries and succumbed to death on 20.03.2013. The accident occurred on account of the non-maintenance of the flats by the Slum Clearance Board. F.I.R. was registered in Crime No.147 of 2013 under Section 174 Cr.P.C. The petitioner submitted a claim application seeking compensation. In the Tahsildar's report in proceedings dated 17.05.2013

recommended the case of the petitioner to the District Collector, Kanchipuram and no further action has been initiated.

3. In view of the above facts, the District Collector/3rd respondent is directed to look into the claim of the writ petitioner seeking compensation based on the recommendation made by the Tahsildar and pass appropriate orders on merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above said directions, this Writ Petition stands disposed of. No costs.

10.01.2024 Jeni Index : Yes Speaking order / Non-speaking order

To 1.State of Tamil Nadu, Rep. by its Secretary to Government, Tamil Nadu Slum Clearance Board, Fort St. George, Chennai - 600 009.

2.The Chairman, Tamil Nadu Slum Clearance Board, Kamarajar Salai, Chennai - 600 005.

3.The District Collector, Kanchipuram District, Kanchipuram.

S.M.SUBRAMANIAM, J.

Jeni 10.01.2024