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Madras High CourtWP/23048/2017disposed of

Mrs.P.Mariammal v. The Chief Secretary

2022-10-14Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated 14.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P. No.23048 of 2017 and W.M.P. No.24158 of 2017 1.Mrs.P.Mariammal 2.Minor Gopika Rep. by her mother and natural Guardian P.Mariammal 3.Minor Deepika Rep. by her mother and natural Guardian P.Mariammal . . . Petitioners Vs 1.The Chief Secretary State of Tamil Nadu Fort St. George Chennai 2.The Secretary to the Government Home Department, Fort St George Chennai 600 009 3.The Chairman Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai Egmore, Chennai 4.The Commissioner Corporation of Chennai Ripon Building Park Town, Chennai 600 003 Page No:1/6

5.The Commissioner of Police Greater Chennai Vepery, Chennai 600 007 6.The Zonal Officer Zone V, Corporation of Chennai No.61 Basin Bridge Road Chennai 600 021 7.The Inspector of Police Law and Order C-3 Seven Wells Police Station Chennai.

8.Devarajan 9.M/s.Tata Teleservices Ltd., Represented by its Authorised Signatory No.283 and 284, 6th and 13th Floor Prince Infocity-II, Rajiv Gandhi Salai Kandanchavadi, Chennai 600 096 10.M/s.ATC Telecom Infrastructure P Ltd., Represented by its Authorised Signatory No.45, Celestial Point Damodharan Street T.Nagar, Chennai 600 017.

. . .

Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for a writ of mandamus, directing the respondents to pay compensation of Rs.1,00,00,000/- (Rupees One Crore only) to the petitioners in pursuance to the representation of the petitioner dt.28.07.2017.

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For Petitioners : M/s.A.Thirumaran No Appearance For Respondents : Mr.P.Sathish, AGP for R1, R2, R5 and R7 Mr.G.T.Subramanian for R4 & R6 Mr.R.Karunagaran for R8 Mr.R.Shivakumar for M/s.Shivakumar & Suresh for R9 Mr.J.Ravikumar for R10

ORDER

There is no representation for the petitioners.

2. The writ petition has been filed for claiming a compensation of Rs.1,00,00,000/- (Rupees One Crore only) on the ground that there was negligence on the part of the Corporation as well as the 10th respondent.

3. There are disputed facts raised in this writ petition and this court is of the view that, in the writ petition, the compensation cannot be decided. It is well open to the petitioners to work out their remedy before the civil court. The period spent in the writ petition may be excluded while filing a suit, if the writ petitioners willing to file a suit, within a period of six months from today.

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4. With the above observation, the writ petition is disposed of. However, there is no order as to costs. Consequently, the connected writ miscellaneous petition is closed.

14.10.2022 Index : Yes / No Speaking/non speaking order Asr To 1.The Chief Secretary State of Tamil Nadu Fort St. George Chennai 2.The Secretary to the Government Home Department, Fort St George Chennai 600 009 3.The Chairman Chennai Metropolitan Development Authority Thalamuthu Natarajan Maaligai Egmore, Chennai 4.The Commissioner Corporation of Chennai Ripon Building Park Town, Chennai 600 003 5.The Commissioner of Police Greater Chennai Vepery, Chennai 600 007 6.The Zonal Officer Zone V, Corporation of Chennai No.61 Basin Bridge Road Chennai 600 021 Page No:4/6

7.The Inspector of Police Law and Order C-3 Seven Wells Police Station Chennai.

8.The Government Pleader, High Court, Madras.

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N. SATHISH KUMAR, J.

Asr W.P. No.23048 of 2017 and W.M.P. No.24158 of 2017 14.10.2022 Page No:6/6