Jebastiammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02-03-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Jebastiammal ... Petitioner Vs.

1. The District Collector, Dindigul District, Dindigul.

2. The Divisional Engineer, Highways Department, 3rd Street, Pandiyan Nagar, Dindigul.

3. The Assistant Divisional Engineer, Highways Department, 3rd Street, Pandiyan Nagar, Dindigul.

4. The Commissioner, Dindigul Municipality, Dindigul.

... Respondents PRAYER: Writ Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Mandamus, directing the official Respondents to consider petitioners representation dated 28.01.2026 and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

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For Petitioner :

Mr.T.Prabhu For R1 to R3 :

Mr.M.Senthil Ayyanar Government Advocate For R4 :

Mr.G.Lawrence Standing Counsel

ORDER

The relief sought for in the writ petition is to direct the respondents to consider the petitioner's representation dated 28.01.2026 and pass orders.

2. Heard, Mr.T.Prabhu, learned counsel appearing for the petitioner, Mr.M.Senthil Ayyanar, learned Government Advocate appearing for R1 to R3 and Mr.G.Lawrence, learned Standing Counsel for R4.

3. By consent of both the parties, the writ petition is taken up for final disposal at the admission stage itself. 2/6

4. Upon hearing the learned Counsel for the petitioner and perusing the said representation and other records, it appears that the petitioner's husband namely Gunasekaran, died as a result of a tamarind tree falling on him. Therefore, the petitioner has made a representation before the respondents seeking compensation for the death of her husband. However, the same has not been considered till date. Therefore, the petitioner is before this Court.

5. The learned Government Advocate appearing for the respondents 1 to 3 would submit that the claim should be made only as per G.O.(Ms).No.141 dated 24.02.2014 and if the petitioner is found to be eligible, only the appropriate amount sanctioned in the G.O.(Ms).No. 141 dated 24.02.2014 alone will be paid.

6. The learned counsel appearing on behalf of the 4th respondent municipality would submit that he has to ascertain whether the land on which the tamarind tree was standing comes within the control of the Dindigul Municipality or within the National Highways Department. However, it is submitted that on instructions from the Highway Authorities, the land comes within the control of the Dindigul Municipality.

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7. In view of the overall facts and circumstances of the case, the writ petition is disposed of on the following terms:- i. The 4th respondent is directed to send a proposal to the 1st respondent regarding grant of compensation as per G.O.(Ms).No. 141 dated 24.02.2014.

ii. If the petitioner is found to be eligible for compensation as per G.O.(Ms).No.141 dated 24.02.2014, the 1st respondent shall process the petitioner's claim compensation in accordance with law by utilizing the funds from the Honourable Chief Minister's Relief Fund and the same shall be disbursed to the petitioner as expeditiously as possible.

iii. No costs.

02.03.2026 Index: Yes Speaking Order: Yes rgm 4/6

To

1. The District Collector, Dindigul District, Dindigul.

2. The Divisional Engineer, Highways Department, 3rd Street, Pandiyan Nagar, Dindigul.

3. The Assistant Divisional Engineer, Highways Department, 3rd Street, Pandiyan Nagar, Dindigul.

4. The Commissioner, Dindigul Municipality, Dindigul.

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D.BHARATHA CHAKRAVARTHY, J.

rgm 02.03.2026 6/6