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Madras High CourtWP(MD)/3674/2023disposed of

Manikandan.S v. The Government Of Tamil Nadu

2023-02-23Honourable Mr Justice M.Dhandapani6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.(MD)Nos.3444 and 3446 of 2023 S.Manikandan ... Petitioner Vs.

1. The Government of Tamil Nadu, Represented by its Principal Secretary, Forest Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Additional Principal Chief Conservator of Forest and Field Director, Forest Department, Kalakkad Mundanthurai Tiger Reserve, NGO Colony, Tirunelveli - 627 007.

3. The District Collector, Tenkasi District, Tenkasi.

4. Tirunelveli Medical College Hospital, Represented by its Dean, High Ground, Tirunelveli - 627 011.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 to 3 to provide employment to the children of P.Sailappan, who was brutally attacked by a bear on 06.11.2022 at about 6.00 am by which he become incapacitated and for his future and the loss of earning capacity and love and affection, a compensation of Rs.20 Lakhs to be paid by directing the respondents 1 to 3 and also direct the respondents 3 and 4 to provide the superlative treatment to the petitioner's injured father, Sailappan, based on the petitioner's representation, dated 22.12.2022. For Petitioner :

Mr.Ananth C.Rajesh For Respondents :

Mr.S.R.A.Ramachandran Additional Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the respondents 1 to 3 to provide employment to the children of P.Sailappan, who was brutally attacked by a bear on 06.11.2022 at about 6.00 am by

which he become incapacitated and for his future and the loss of earning capacity and love and affection, a compensation of Rs.20 Lakhs to be paid by directing the respondents 1 to 3 and also direct the respondents 3 and 4 to provide the superlative treatment to the petitioner's injured father, Sailappan, based on the petitioner's representation, dated 22.12.2022.

2. The case of the petitioner is that the petitioner's father is an agricultural coolie and his family consists of his wife, two sons and one daughter. While the petitioner's father went for his employment, on 06.11.2022, at about 6.00 am, he found that one Vaikundamani, from his village was brutally attacked by a bear and on seeing that, his father went to rescue him, but the nails of the bear damaged the chest portion of his father and he was admitted in the Tirunelveli Medical College, Hospital. Because of heavy damage in the jaw, he cannot move the face and also, he is unable to speak. In these circumstances, the responsible officials, who are the respondents herein are not taken any suitable action and because of the loss of employment, his entire family is suffering a lot. Hence, the petitioner has submitted a representation to the third respondent on 22.12.2022 to protect

his family from poverty. But, till date, no order was passed. Therefore, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioner would submit that it would suffice, if the concerned respondents are directed to consider the petitioner's representation dated 22.12.2022, on merits and in accordance with law, within a specified period.

4. The learned Additional Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the concerned respondents to consider the petitioner's representation dated 22.12.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. 23.02.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The Principal Secretary, The Government of Tamil Nadu, Forest Department, Secretariat, Fort St.George, Chennai - 600 009.

2. The Additional Principal Chief Conservator of Forest and Field Director, Forest Department, Kalakkad Mundanthurai Tiger Reserve, NGO Colony, Tirunelveli - 627 007.

3. The District Collector, Tenkasi District, Tenkasi.

4. The Dean, Tirunelveli Medical College Hospital, High Ground, Tirunelveli - 627 011.

M.DHANDAPANI,J.

vji and W.M.P.(MD)Nos.3444 and 3446 of 2023 23.02.2023