Vijayalakshmi v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.10900 of 2019 Vijayalakshmi

...Petitioner

Vs.

1.The Principal Secretary Public Works Department Government of Tamil Nadu Secretariat, Fort St.George Chennai-600 009.

2.The District Collector Office of the District Collector Nagapattinam District.

3.The Thasildar Office of the Thasildar Vedharanyam Taluk Nagapattinam District.

4.The Executive Engineer Public Works Department Nagapattinam District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to grant compensation to the petitioner for the demise of her daughter Gowthami based on her representation dated 22.03.2019.

For Petitioner : M/s.Greetha Senthilkumar For Respondents: Mr.S.N.Parthasarathy Government Advocate

O R D E R

Mr.S.N.Parthasarathy, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents to grant compensation for the demise of her daughter Gowthami based on her representation dated 22.03.2019.

3. It is stated that the petitioner's daughter namely, Gowthami died on 05.09.2016, due to fall of sand over her in the Mudikondan River Bank at Thirumurugal, Nagapattinam. It is further stated that a case was registered in Crime No.227 of 2016 dated 05.09.2016 under Section 174 of Criminal Procedure Code. It is further stated that the petitioner approached the 2nd respondent and gave a representation dated 22.03.2019, requesting him to give compensation for the death of her daughter. However, the same has not been considered. Hence, the present writ petition is filed before this Court.

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the 2nd respondent to consider and decide the same on merits and in accordance with law. Thus, this writ petition is disposed of, only with a direction to the 2nd respondent to consider the representation of the petitioner dated 22.03.2019 and pass orders on the same on merits and in accordance with law, after hearing the petitioner. Such exercise shall be done by the 2nd respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Principal Secretary Public Works Department Government of Tamil Nadu Secretariat, Fort St.George Chennai-600 009.

2.The District Collector Office of the District Collector Nagapattinam District.

3.The Thasildar Office of the Thasildar Vedharanyam Taluk Nagapattinam District.

4.The Executive Engineer Public Works Department Nagapattinam District.

+1cc to the Government Pleader Sr.36315 +1cc to M/S.Greetha Senthilkumar, Advocate Sr.36147 W.P.No.10900 of 2019 nrjk[co] srg 10/5/2019