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Madras High CourtWP/42203/2025disposed of with direction

Gopinath v. State Of Tamil Nadu

2025-11-10Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI Gopinath Petitioner(s) Vs

1. State of Tamil Nadu Rep By Its Joint Secretary, Home Department, Fort St. George, Chennai-09.

2.The Commandant Tamil Nadu Special Force 3rd Battalion, Veerapuram, Chennai- 55.

3.The Commissioner Of Police Greater Chennai Corporation, Chennai.

4.The Inspector Of Police D6, Anna Square, Chindadaripet, Chennai-02.

Respondent(s) PRAYER; This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to pay a compensation of Rs.50,00,000 /- (Rupees Fifty Lakhs Only) towards the loss

of the petitioners son due to the act of personal belonging to 2nd respondent Department.

For Petitioner(s):

M/s.Virukasham Legal For Respondent:

Mr.R.Ramanlaal, AAG Assisted by Mrs.S.Anitha, SGP RR1 to 3 Mr.S.Balaji, GA ( Crl. Side) R4

ORDER

This petition has been filed seeking a direction to the respondents herein to pay a compensation of Rs.50,00,000 /- (Rupees Fifty Lakhs Only) towards the loss of the petitioners son due to the act of personal belonging to 2nd respondent Department.

2. It is the case of the petitioner that the petitioner is the father of Master late G.Aloknath who born on 11.02.2020, aged about 4 years studying in UK, at the time of the accident. On 04.08.2024 around 700 PM the child along with his grandparents went to Marina Beach. When they were returning from Marina, the road was filled with the battalion force providing security to the Chief Minister and one of the vehicle hit the auto. Due to sudden force, the child and his grandparents had toppled, for which, the child Aloknath who was sleeping in the lap of his grandmother had his head directly impact with the road and was crushed by the falling auto. Subsequently, the child was taken to Sakthi Hospital for first aid and since the necessary equipment were not available with them, he was transferred to M/s. Apollo Hospital, Greams Road, and Master Aloknath

was declared brought dead by the Doctors treating him. The petitioner raised a police complaint and registered a case on 04.08.2024 as against one Mahendran, Battalion Constable before the D6 Police Station, Anna Square, Traffic Investigation, Chintadirpet, chennai. Till date, the respondents has not taken any action for the accident. Hence, the petitioner has filed the present writ petition with the above said prayer.

3. The learned counsel for the petitioner submitted that when the funeral of his son was conducted on the next day, many police officers attended the funeral and promised compensation would be given for the death of the child. Till date, the petitioner has not received any details with regard to the compensation. Hence, this Court may direct the respondents to pay compensation for the death of the petitioner's son within the stipulated time as fixed by this Court.

4. The learned Additional Advocate General appearing for the respondents submitted that the Government vide its letter dated 28.04.2025, awarded a sum of Rs.1,00,000/- to the petitioner as compensation and the same will be paid to the petitioner on or before 17.11.2025.

5. Heard the learned counsel for both side and perused the materials available on record.

6. Admittedly, the petitioner's child aged about 4 years died due to the accident. It is the grievance of the petitioner that FIR has been register as against the Police Battalion. However, the respondent police has not taken any further action. According to the learned AAG, the driver of the Auto, who is grandfather of the deceased child, was driving the auto in a rash and negligent manner and as per the M.V. Report, the Convoy vehicle is not the reason for the accident. However, the Commissioner of Police awarded Rs.1,00,000/- as compensation to the petitioner for the death of the deceased child.

7. In view of the above discussion, this Court directs the first respondent to pay compensation of Rs.1,00,000/- to the petitioner on or before 17.11.2025. If the petitioner has any grievance with regard to the higher compensation, he is at liberty to work out his remedy in the manner known to law.

8. With the above directions, the writ petition is disposed of. No costs. 10-11-2025 rli Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.State Of Tamil Nadu Rep By Its Joint Secretary, Home Department, Fort St. George, Chennai-09.

2.The Commandant Tamil Nadu Special Force 3rd Battalion, Veerapuram, Chennai- 55.

3.The Commissioner Of Police Greater Chennai Corporation, Chennai.

4.Inspector Of Police D6, Anna Square, Chindadaripet, Chennai-02.

M.DHANDAPANI J.

rli 10.11.2025