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Madras High CourtWA(MD)/631/2019partly allowed

The Secretary To Government v. N.Umadevi,

2024-06-19Honourable Mr Justice N. Seshasayee,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty First day of January Two Thousand and Twenty Five PRESENT The HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN AND The HONOURABLE MR. JUSTICE N. SENTHILKUMAR WA(MD). No.631 of 2019

1. The Secretary to Government Department of Highways and Minor Ports, Secretariat, St.George Fort, Chennai-600 009.

2. The Director General, State Highways Department, PWD Complex, Kamarajar Salai, Chennai-600 009.

3. The Executive Engineer(H)(C &M), State Highways Department, Madurai Circle, Azhagar Kovil Road, Madurai.

4. The Assistant Engineer, State Highways Department, Vadipatti, Madurai District.

... Appellants Vs N.Umadevi, W/o.K.Neethi, South St, Mellakkal, Vadipatti Tk, Madurai District.

... Respondent Prayer :- Writ Appeal Petition filed under clause 15 of Letters Patent to set aside

the judgement dated 12.03.2019 in W.P.(MD)No.9558 of 2015 on the file of this Honourable Court and pass such further or other orders as this Honourable Court. Prayer in WP(MD). 9358/ 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. 35 Lakhs towards compensation to the petitioner for the death of the petitioner s husband K.Neethi who met with an accident due to the withered Coconut tree No.10 belongs to State Highways Department fell down on the petitioner's husband who was travelling on his motor cycle from Melakal Village to Madurai on 05.12.2013 due to the negligence on the part of the respondents who failed to remove the withered Coconut tree on the Highways, within a time limit fixed by this Honourable Court.

ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. D. Farjana Ghoushia, Special Government Pleader for the Appellants and of Mr.P.T.S. Narendravasan, Advocate for the respondent, this Court made the following order:

By Judgment dated 19.06.2024, mode of deposit has been prescribed. 2.Learned counsel appearing for the respondent submits that the children of the respondent have now become major and hence, he wants modification in the Judgment to that effect.

3.Since the grievance now expressed by the learned counsel for the respondent

is to the effect of amendment to the earlier order passed by this Court, necessary application is to be filed by the respondent. Therefore, the respondent is directed to file necessary application for her grievance now expressed. Sd/- Assistant Registrar ( CS II ) // True Copy // /01/2025 Sub Assistant Registrar (CS - I/II/III/IV) TO

1. The Secretary to Government Department of Highways and Minor Ports, Secretariat, St.George Fort, Chennai-600 009.

2. The Director General, State Highways Department, PWD Complex, Kamarajar Salai, Chennai-600 009.

3. The Executive Engineer(H)(C &M), State Highways Department, Madurai Circle, Azhagar Kovil Road, Madurai.

4. The Assistant Engineer, State Highways Department, Vadipatti, Madurai District.

Copy to:

The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai

+ 1c.c. To Special Government Pleader, SR.No.3495. ORDER DATED : 21/01/2025 ==========================

ORDER

========================== WA(MD). No.631 of 2019 Giving direction and etc.

as stated within.

BV (28/01/2025) 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.