Madras High CourtWP/17276/2024disposed of

G.Manivannan v. The State Of Tamil Nadu

2025-03-25Honourable Mr Justice J.Sathya Narayana Prasad7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.03.2025

CORAM

THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD G.Manivannan Petitioner(s) Vs

1. The State of Tamil Nadu Rep. by its Principal Secretary, Municipal Administration & Water Supplies Department, Namakkal Kavingar Maalaigai, Fort St.George, Chennai 600 009.

2. Greater Chennai Corporation, Represented by its Commissioner, Ripon Building, Poonamalle High Road, Chennai 600 003.

Respondent(s) PRAYER: This Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20.04.2024 within a time limit fixed by this Court.

For Petitioner(s):

Mr.S.Kartik For Respondent(s):

M/s.M.S.Prem Kumar Government Advocate for R1 Ms.P.T.Ramadevi Standing Counsel for R2

ORDER

This Writ Petition is filed for issuance of a writ of mandamus to direct the respondents to consider the petitioner's representation dated 20.04.2024 within a time limit fixed by this Court.

2. The case of the petitioner is that the petitioner was appointed as Residential Assistant in the Madras High Court Service and posted in the Principal Seat at Madras with effect from 20.12.2019. It is stated that, at about 7.00 p.m., on 24.06.2022, when the petitioner was returning in motor cycle after finishing his typewriting class in Kamaraj Salai, Raja Annamalaipuram, Chennai, a heavy worn out branch from a big tree standing in pavement of said road suddenly fell on him forcefully. As a result, he sustained grevious injuries on his back, spinal cord, right side shoulders and ribs and he was immediately admitted in Royapettah General Hospital, Chennai. Later, the petitioner was shifted to Rajiv Gandhi Government

General Hospital for further treatment and undergone laminectomy surgery in his spinal cord on 13.07.2022. Further, he got discharged from the said hospital on 23.07.2022, and now the petitioner is in bed ridden condition in his parental house in Thirukanur Village, Puducherry, without any iota of sensation of lower limbs from the time of said accident to till date. The main grievance of the petitioner is that, at the time of accident, the petitioner was aged about 37 years, was very hale and healthy without any disability. The petitioner got married to Smt.Gomathy on 27.08.2017 and begot a female child on 18.08.2020. Due to the above said accident, the petitioner could not resume his employment till date and thereby totally deprived of his earnings and contributions to his family.

No amount of compensation will either relieve his permanent mental agony and sufferings on restore the petitioner's natural life. However, in order to meet his needs and expenses for his survival, maintenance of family and future, the petitioner made a representation dated 20.04.2024 before the respondents, sought compensation of Rs.50,00,000/- for the said accident. Since the said representation has evoked no response, the petitioner had filed the present Writ Petition.

3. The learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 20.04.2024 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. Ms.P.T.Ramadevi, learned Standing Counsel appearing for the second respondent would submit that the competent and appropriate authority with regard to the payment of compensation is only the first respondent. Hence, she submitted that the second respondent shall recommend the case of the petitioner to consider the representation dated 20.04.2024 to the first respondent for passing suitable orders.

5. Mr.M.S.Prem Kumar, learned Government Advocate, takes notice on behalf of the first respondent would submit that the petitioner's representation dated 20.04.2024 will be considered by the first respondent and orders passed within the time frame fixed by this Court.

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

7. Considering the submissions made by the learned counsel on either side and taking into consideration the facts and circumstances and also the relief sought for in this writ petition, this Court directs the first respondent to consider the petitioner's representation dated 20.04.2024, on its own merits and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

8. This writ petition is disposed of with the above observations and directions. No costs.

25.03.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes jd

1. The State of Tamil Nadu Rep. by its Principal Secretary, Municipal Administration & Water Supplies Department, Namakkal Kavingar Maalaigai, Fort St.George, Chennai 600 009.

2. Greater Chennai Corporation, Represented by its Commissioner, Ripon Building, Poonamalle High Road, Chennai 600 003.

J.SATHYA NARAYANA PRASAD J.

jd 25.03.2025