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Madras High CourtWP/21629/2024disposed of with direction

Senthil Kumar v. The Director General Of Police

2024-08-22Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Senthil Kumar ... Petitioner Vs.

1.

The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.

The District Collector, Collectorate Office, Tiruchengode Road, Namakkal District.

3.

The Superintendent of Police, Tiruchengode Road, Namakkal Road.

...Respondents

Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents herein to grant compensation of Rs.3,50,000/- in accordance with G.O.(Ms).No.1055, dated 30.11.2013, issued by the Home Department (Police-XII) for the loss or injury caused due to the illegal manufacturing of firecrackers in the residential area without any approval from the Government by considering the petitioner's representation dated 12.06.2024. Page No.1 of 6

For Petitioner : Mr.S.Senthil For Respondents : Mr.LSM.Hasan Fisal, AGP, for R1 : Mr.S.Sugendiran, APP, for R2 & 3

O R D E R

This Writ petition has been filed seeking direction to the respondents to grant compensation of Rs.3,50,000/- in accordance with G.O.(Ms).No.1055, dated 30.11.2013, issued by the Home Department (Police-XII) for the loss or injury caused due to the illegal manufacturing of firecrackers in the residential area without any approval from the Government by considering the petitioner's representation dated 12.06.2024.

2. In view of the consent expressed by the learned counsel on either side, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that, one Thillaikumar and his family members are neighbours of the petitioner and they are manufacturing and selling firecrackers without obtaining necessary approval from the Page No.2 of 6

Government. While so, on 31.12.2022 at about 3.30 am, there occurred a sudden explosion in the said Thillakumar's residence, due to which, the petitioner and his family members sustained grievous injuries and got hospitalized. In the meanwhile, the Village Administrative Officer, Mohanur has lodged a complaint against the said Thillaikumar and FIR has also been registered by the Mohanur Police Station in Cr.No.329 of 2022. While so, the petitioner came to know about the Government Order passed by the Home Department (Police-XII) in G.O.Ms.No.1055, dated 30.11.2013 as per which, the petitioner is entitled to claim a compensation of Rs.3,50,000/-. Thereby, the petitioner made a representation dated 12.06.2024 before the respondents, seeking compensation in accordance with the above said G.O. Dated 30.11.2013, however, no action has been taken by the respondents. Hence, the petitioner has come up with the present writ petition.

4. Though very many grounds have been raised, 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 12.06.2024 and grant compensation of Rs.3,50,000/- in favour of the petitioner.

5. Learned counsel appearing for the respective respondents have no Page No.3 of 6

objection for the said order being passed by this Court and they fairly submitted that, appropriate orders will be passed on the petitioner's representation within the time stipulated by this Court.

6. In view of the limited request made by the learned counsel for the petitioner, this Court without going into the merits of the case, directs respondents to consider the petitioner's representation dated 12.06.2024 in terms of G.O.(Ms).No.1055, dated 30.11.2013, issued by the Home Department (Police-XII) and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons if any.

7. Accordingly, this Writ Petition stands disposed of. No costs. 22.08.2024 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No Page No.4 of 6

To:

1.

The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.

The District Collector, Collectorate Office, Tiruchengode Road, Namakkal District.

3.

The Superintendent of Police, Tiruchengode Road, Namakkal Road.

M.DHANDAPANI, J.

Page No.5 of 6

skt 22.08.2024 Page No.6 of 6