The Secretary v. Latha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and C.M.P.(MD)No.4617 of 2025 1.The Secretary, Government of Tamil Nadu, Secretariat, Chennai.

2.The District Collector, Collector Office, Madurai, Madurai District ...Appellants -Vs1.Latha 2.The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai.

3.Veerapathiran

...Respondents

PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent Act, to set aside the order of this Court made in W.P.(MD)No.2528 of 2018 dated 23.04.2024.

For Appellants : Mrs.D.Farjana Ghoushia Special Government Pleader For Respondent : Mr.R.Manoharan For R2 : Mr.Albert James Government Advocate (Crl.side) 1/4

For R3 : Mr.P.R.Prithiviraj

JUDGMENT

(Judgment of the Court was made by J.NISHA BANU, J.) This Writ Appeal is filed against the order of this Court, dated 23.07.2024 in W.P.(MD)No.2528 of 2018.

2.The writ petition was filed seeking compensation of Rs.30 lakhs alleging that the petitioner's son lost his right eyesight due to the act of the fourth respondent therein.

3.The writ Court disposed of the writ petition by directing the third respondent herein to pay a sum of Rs.12,50,000/- to the petitioner's son as compensation. Challenging the same, the Department has filed this appeal. 4.The contention of the appellant is that the writ petitioner's son was riding the two wheeler without having valid driving license and without wearing helmet and also with two pillion riders. When the third respondent tried to stop him, he fell down on his own and suffered injuries. Hence, the writ petitioner's son is not entitled to seek any compensation. 2/4

5.The contention of the writ petitioner is that the respondent has hit her son with lathi, while he was travelling in a two wheeler and caused injuries, due to which the son of the petitioner has lost his left eyesight. Hence, the petitioner's son is entitled for compensation.

6. Considering the facts and circumstances of the case, this Court is not inclined to go into the incident that is narrated in this writ petition. However, we are inclined to grant compensation by restricting the amount to Rs.7,50,000/-. Accordingly, the appellants are directed to pay the amount of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) with interest from the date of the order passed in the writ petition ie., 23.07.2024, within a period of four weeks from the date of receipt of a copy of this order. If the first respondent is seeking enhancement of compensation over and above Rs.7,50,000/-, she is at liberty to approach the civil Court seeking enhancement of compensation. 7.With the above direction, this writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (J.N.B.,J.) (S.S.Y.,J.) 09.04.2025 Index : Yes/No Internet : Yes/No ta 3/4

J. NISHA BANU,J.

and S.SRIMATHY.J ta To The Superintendent of Police, Office of the Superintendent of Police, Madurai District, Madurai.

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