Madras High CourtWA/506/2016dismissed as infructuous

The Secretary To Government, v. K.Veeraraghavan,

2018-06-18Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice R. Subramanian3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K. SASIDHARAN and THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN W.A.No.506 of 2016 and C.M.P.No.6927 of 2016

1. The Secretary to Government, School Education Department, Secretariat, Chennai - 600 009

2. The Principal Secretary to Government, Revenue (Disaster Management) Department, Secretariat, Chennai - 600 009.

3. The District Collector, Kancheepuram District.

4. The Director of School Education, College Road, Chennai-600 006

5. The District Elementary Education Officer, Kancheepuram.

6. The Assistant Elementary Education Officer, Kattangulathur.

7. The Headmaster, Government Middle School, Karunilam Village, Chengalpattu Taluk, Kancheepuram District 603 204.

.... Appellants -vs1. K.Veeraraghavan

2. The Panchayat President, Karunilam Village, Chengalpattu Taluk, Kancheepuram District - 603 204 .... Respondents PRAYER: Writ Appeal filed under Clause 15 of Letters Patent against the order passed in W.P No.35052 of 2012 dated 14.05.2014.

W.P.No.35052 of 2012: Petition presented to this Court to issue a Writ of Mandamus directing the respondents to grant compensation of Rs.5 00 000/- for the death of the petitioner innocent son which is caused due to the breach of duty negligence and wrongful act of the officials of the Government. For Appellants :

Mr.K.Karthikeyan Government Advocate For Respondents:

Mr.R.Murali - R1

J U D G M E N T

[Judgment of the Court was delivered by R.SUBRAMANIAN,J.] Challenge in this intra court appeal is the order of the learned single Judge made in W.P.No.35052 of 2012 dated 14.05.2014, in and by which, the appellants were directed to pay a sum of Rs.5.00 lakhs as compensation for the death of the minor son of the respondent by drowning into the pond near the school.

2. When the matter came up on 27.04.2016, it was reported that the ex-gratia payment as directed by the learned single Judge had been paid to the respondent herein and the Bench wanted to verify as to whether the said sum of Rs.5.00 lakhs had been paid to one Mr.Srinivasan, father of minor Mr.S.Vignesh, who also died on the fateful day.

3. The learned Additional Government Pleader has produced a copy of the Government Order in G.O.Ms.No.277, School Education Department, dated 26.04.2017, in and by which, the Government had directed payment of Rs.5.00 lakhs to the father of minor S.Vignesh.

4. Mr.Karthikeyan, learned Additional Government Pleader appearing for the appellants would submit that the said sum as sanctioned by the aforesaid Government Order has also been paid.

5. Recording the same, this intra court appeal is dismissed as infructuous. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(CS VIII) //True copy// Sub Assistant Registrar sl