M.Anbazhagan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. NO. 40917 OF 2016 M. Anbazhagan ... Petitioner Vs

1. The State of Tamilnaldu, rep. by the under Secretary, Social Welfare Department, Fort St. George, Chennai 600 009.

2. The District Collector, Villupuram District, Collectrate, Villupuram.

3. The Thasildar, Thasildar Office, Gingee ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay the solatium of Rs.4,00,000/- as from the Disaster Relief Fund at par with other victims of the recent flood as compensation for the untimely demise of the petitioner son namely master Pravinraj @ Paranthaman, aged about 6 years and for the expenses incurred for performing his funeral ceremonies based on the petitioner's representation dated 07.12.2015, 14.12.2015 and 16.02.2016.

For petitioner ...

Mr.K.Pravin Kumar For respondents ... Mr.S.Premkumar, Government Advocate

O R D E R

This writ petition has been filed seeking a compensation of Rs.4,00,000/- for the death of the petitioner's son, namely Pravinraj @ Paranthaman, who fell into a pond during the heavy rainfall and died on 03.12.2015.

2. According to the petitioner, the petitioner's son Pravinraj @ Paranthaman, aged about 6 years, fell down in a pit near his house and died on 03.12.2015. Hence, the petitioner sent a representation to the 2nd respondent for solatium from the Disaster Relief Fund as early as on 16.02.2016. Based on that representation, the 2nd respondent/District Collector also directed the 3rd respondent/Tahsildar, Gingee to file a report. Even thereafter, no order has been passed. Hence, the present writ petition.

3. I have considered the submissions made on either side and perused the materials available on records carefully.

4. Considering the fact that the petitioner's representation is pending with the 2nd respondent for a long time, the 2nd respondent is directed to consider the same on merits and in accordance with law and pass suitable orders, on merits and in accordance with law, after hearing the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mrp To

1. The under Secretary, State of Tamilnaldu, Social Welfare Department, Fort St. George, Chennai 600 009.

2. The District Collector, Villupuram District, Collectrate, Villupuram.

3. The Thasildar, Thasildar Office, Gingee.

+2ccs to Mr.F.Rahman Sheriff, Advocate, S.R.No.15663 +1cc to the Government Pleader, S.R.No.16285, 16678 W.P. No.40917 of 2016 AJB(CO) PM/13/05/2022