P.Bhuvaneshwari v. The Principal Secretary To Govt. Of Tamil Nadu
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-08-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH P.Bhuvaneshwari Petitioner(s) Vs
1. The Principal Secretary to Government of Tamil Nadu Fort St. George, Municipal Administration and Water Supply Department and Chairman, TWAD Board, Chennai-600 009.
2.The District Collector O/o.The District Collector, MRT Road, Bharathi Nagar, Ranipet-632 403.
3.The Thasildar O/o.The Thasildar, Nemili Taluk, Ranipet District-631 051 4.The Executive Officer Town Panchayat, O/o. Executive Officer, Nemili Taluk, Ranipet District-631 051.
2/7 5.J.Babu
6. The Additional Chief Secretary to Government/ Commissioner of Revenue Administration and Disaster Management Ezhilagam, Chepauk, Chennai-5.
Respondent(s) [R6 suo motu impleaded vide order dated 06.08.2025 made in W.P.No.29110 of 2025] PRAYER 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 representation dated on 07.10.2024 and directing the respondents 1 to 4 to grant compensation Rs.10,00,000/- for the death of each of petitioner's children to the petitioner.
For Petitioner(s):
Mr.R.Arunkumar For Respondent(s):
Mr.T.M.Rajangam Government Advocate for R1 to R4 and R6
ORDER
The Additional Chief Secretary to Government/Commissioner of Revenue Administration and Disaster Management, Ezhilagam, Chepauk, Chennai-5 is suo motu added as the 6th respondent in this writ petition.
3/7 2.This writ petition has been filed for issue of writ of mandamus directing the respondents to consider the representation made by the petitioner on 07.10.2024, wherein, the petitioner is seeking for grant of compensation for the death of his children.
3.Heard Mr.R.Arunkumar, learned counsel appearing on behalf of the petitioner and Mr.T.M.Rajangam, learned Government Advocate appearing on behalf of the respondents 1 to 4 and 6.
4.The case of the petitioner is that her children were drowned to death in a pond which was situated in the land belonging to the 5th respondent. This was informed to the police and as a result, FIR was also registered in Crime No.245 of 2024 by Nemili Police Station, Ranipet under Section 194 of BNSS, 2023. The petitioner submitted representation to the official respondents seeking for payment of compensation. Since the same was not acted upon, the present writ petition has been filed before this Court.
4/7 5.When the matter was taken up for hearing, the learned Government Advocate appearing on behalf of official respondents produced the written instructions received from the 3rd respondent. On going through the same, it is seen that the representation made by the petitioner has already been acted upon and a report was submitted to the District Collector. The District Collector in turn had recommended for payment of compensation through communication dated 27.02.2025 made to the Additional Chief Secretary to Government / Commissioner of Revenue Administration and Disaster Management. Now the compensation has to be paid as per G.O.Ms.No.268 dated 18.08.2017. 6.
The learned counsel for the petitioner submitted that there was negligence on the part of the 5th respondent and therefore, the 5th respondent must also be directed to pay the compensation. Insofar as the claim made by the petitioner against the 5th respondent, the same cannot be decided in a writ petition. The petitioner has to independently proceed against the 5th respondent and claim for compensation.
5/7 direct the compensation payable to the petitioner under the relevant Government Order.
7.In the light of the above discussion, there shall be a direction to the 6th respondent to pay the compensation to the petitioner as per the Government Order in G.O.Ms.No.268 dated 18.08.2017, within a period of four weeks from the date of receipt of copy of this order. Liberty is also granted to the petitioner to claim compensation against the 5 th respondent before the competent Court.
8.This writ petition is disposed of with the above directions. No Costs. 06-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
6/7 To
1. The Principal Secretary to Government of Tamil Nadu Fort St. George, Municipal Administration and Water Supply Department and Chairman, TWAD Board, Chennai-600 009.
2.The District Collector O/o.The District Collector, MRT Road, Bharathi Nagar, Ranipet-632 403.
3.The Thasildar O/o.The Thasildar, Nemili Taluk, Ranipet District-631 051 4.The Executive Officer Town Panchayat, O/o. Executive Officer, Nemili Taluk, Ranipet District-631 051.
5.The Additional Chief Secretary to Government/ Commissioner of Revenue Administration and Disaster Management Ezhilagam, Chepauk, Chennai-5
7/7 N.ANAND VENKATESH J.
ssr 06-08-2025