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Madras High CourtWA(MD)/196/2022dismissed

K.Rukmani (Died) 1. K. Kumar, v. The Government Of Tamil Nadu

2022-03-14Honourable Mr Justice Paresh Upadhyay,Honourable Mr Justice Krishnan Ramasamy2 pages

W.A(MD)No.196 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.A(MD)No.196 of 2022 K.Rukmani (died) 1.K.Kumar 2.K.Ilayaraja ... Appellants/Petitioners Vs.

1.The Government of Tamil Nadu rep. by its Chief Secretary, Fort St. George, Chennai.

2.The Director General of Police, Government of Tamil Nadu, Mylapore, Chennai - 600 004.

3.The District Collector, Thoothukudi District, Thoothukudi.

4.The Superintendent of Police, Thoothukudi District.

... Respondents/Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against to set aside the order dated 03.02.2020 passed in W.P(MD) No.14226 of 2015 on the file of this Hon'ble High Court and award interest and pass such further or other orders as this Hon'ble Court may deem fit.

Prayer in WP(MD). 14226/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the Respondents to pay a sum of Rs. 25,00,000/- as compensation for the death of the Petitioners son viz., Arumugaraja due to the inaction and negligence on the part of the Respondents 3 adn 4 . For Appellant : Mr.I.Robert Chandrakumar For Respondents : Mr.K.Balasubramanian, Special Government Pleader.

J U D G M E N T

[Delivered by PARESH UPADHYAY, J.] Challenge in this appeal is made to the order dated 03.02.2020 recorded on W.P(MD)No.14226 of 2015.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.A(MD)No.196 of 2022 2.The learned Single Judge has, by the order under challenge granted compensation of Rs.25,00,000/-. It is intimated that, the State has already challenged that order by filing W.A(MD)No.896 of 2020, where the appropriate protection is stated to have been granted in favour of the State. So far this appeal is concerned, it is by the writ petitioner and the grievance is that not only compensation is rightly granted, but interest also should have been granted.

3.We find that, the interest asked for by the mother, over the compensation on the death of her son is not entertained by the Writ Court and the same can not be said to be an error to be gone into by in intra-court appeal.

4.For the above reasons, this appeal is dismissed. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Chief Secretary, Fort St. George, Chennai.

2.The Director General of Police, Government of Tamil Nadu, Mylapore, Chennai - 600 004.

3.The District Collector, Thoothukudi District,Thoothukudi.

4.The Superintendent of Police, Thoothukudi District.

+1 CC to M/s.I.ROBERT CHANDRA KUMAR, Advocate ( SR-12031[F] dated 15/03/2022 ) +1 CC to M/s.SPL GP ( SR-12163[F] dated 15/03/2022 ) W.A(MD)No.196 of 2022 14.03.2022 SA(22.03.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2