R. Shanmugam v. The Union Of India, Rep By The
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.11.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P(MD)No.8777 of 2014 and MP(MD)No.1 of 2014 and WMP(MD)No.5114 of 2016 R. SHANMUGAM S/O. RAMASAMY NO.4/613 EAST STREET OZHUGASERI VILLAGE ANAIKARAI POST THIRUVIDAIMARUTHUR TALUK THANJAVUR DISTRICT. .. Petitioner Vs.
1 THE UNION OF INDIA REP BY THE SECRETARY DEPARTMENT OF INDUSTRY AND COMMERCE NEW DELHI.
2 THE UNION OF INDIA REP BY ITS SECRETARY DEPARTMENT OF CHILD WELFARE NEW DELHI.
3 THE CHAIR PERSON NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS 5TH FLOOR CHANDEROK BUILDING 3 6 JANPATH NEW DELHI.
4 THE STATE OF TAMIL NADU REP BY ITS CHIEF SECRETARY SECRETARIAT ST.GEORGE FORT CHENNAI.
5 THE STATE OF TAMIL NADU REP BY ITS SECRETARY DEPARTMENT OF SOCIAL WELFARE AND LABOUR EMPLOYMENT SECRETARIAT ST. GEORGE FORT CHENNAI.
6 THE STATE OF COMMISSION FOR PROTECTION OF CHILD RIGHTS SOCIAL WELFARE DEPARTMENT SECRETARAIT ST. GEORGE FORT CHENNAI.
7 THE CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION A-BLOCK 5TH FLOOR CGO COMPLEX SEMINARY HILLS NAGPOOR-440 006 MAHARASTRA STATE.
8 THE DISTRICT COLLECTOR THANJAVUR DISTRICT THANJAVUR.
9 THE DISTRICT REVENUE OFFICER THANAJVUR DISTRICT THANJAVUR.
10 THE INSPECTOR OF POLICE PANTHANALLUR POLICE STATION PANTHANALLUR THANJAVUR DISTRICT.
11 RAJANGAM S/O.NOT KNOWN WEST STREET OZHUGASERI VILLAGE ANAIKARAI POST THIRUVIDAIMARUTHUR TALUK THANJAVUR DISTRICT.
12 DHANALAKSHMI W/O. RAJANGAM WEST STREET OZHUGASERI VILLAGE ANAIKARAI POST THIRUVIDAIMARUTHUR TALUK THANJAVUR DISTRICT.
13 KRISHNAMOORTHI S/O. RAJANGAM WEST STREET OZHUGASERI VILLAGE ANAIKARAI POST THIRUVIDAIMARUTHUR TALUK THANJAVUR DISTRICT.
.. Respondents Prayer in WP(MD). 8777/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the 1st respondent to conduct enquiry under section 9-A of the Explosives Act, consequently direct the respondents 1,2,4,5, 7, 8 and 9 strictly implement the Prohibition of Child Labour (Prohibition and Regulation)Act, 1986 and further Labour (Prohibition and Regulation) Act, 1986 and further direct the respondents 1,2,4,5,7 and 8 to pay compensation of Rs.30,00,000/- to the persons who lost their life in the accident happened Dhanalakshmi fire works, Rs.15,00,000/- to the persons who lost their organs permanently out of such accident along with their expenses incurred by them and Rs. 10,00,000/- to the persons who sustained simple injury in the accident and pass such other order or further orders as this Hon'ble Court may deem fit. For Petitioner : Mr.S.M.Anantha Murugan For Respondents 1 to 3&7 : Mr.A.Ganesan For Respondents 4 to 6 & 8to10: Mr.M.Govindan, Spl.Govt.Pleader assisted by Mr.T.R.Janarthanan
ORDER
(Order of the Court was made by S.NAGAMUTHU, J.) This writ petition has been filed seeking a direction to the respondents to pay the compensation to the legal heirs of the victims, who lost their lives in the explosives factory at Olugacheri Village in Thanjavur District.
2. Earlier, when the writ petition came up for hearing before this Court on 26.10.2016, we passed the following order: "This writ petition has been filed seeking compensation to the tune of Rs.30 lakhs per head to the families of the victims numbering 10, who lost their lives in the licensed factory under the Explosives Rules. Most of the victims are young children, who were engaged by the respondents 11 to
13. Though the case was registered on 01.11.2013, the investigation, according to the respondent police, took three years to get completed. After this Court issued directions on 25.10.2016, for the appearance of the police and to state about the stage of investigation, today, (26.10.2016), it is reported to this Court that opinion was obtained from the Additional Public Prosecutor and final report was filed in a hurried manner before the Court and the Judicial Magistrate has taken cognizance.
2. We are informed that for the dependants of three victims, some amount has been paid as a relief fund under some scheme. But no amount has been paid as compensation to the victims as per the scheme floated by the Government under Section 357(A) of the Code of Criminal Procedure. These victims are entitled for an interim compensation of Rs.3 lakhs (Rupees three lakhs only) each. Therefore, we direct the respondents 5, 8 and the Superintendent of Police to take immediate steps to pay Rs.3 lakhs as compensation for the dependants of each one, who died in the said accident and the said sum shall be paid on or before 25.11.2016 and the same shall be reported to this Court 28.11.2016.
3. It is made clear that this order shall not include the dependants of one of the deceased by name Vanitha. If any amount is to be paid to the family members of the victims either on account of insurance coverage or under the Workmen Compensation Act, that amount could be recovered to the Government Exchequer.
Post the matter on 28.11.2016."
3. Today, when the matter was taken up, the learned Special Government Pleader submitted that the District Collector, Thanjavur, by proceedings in R.C.C4/52589/2013 dated 26.11.2016, has authorised the Superintendent of Police, Thanjavur to disburse Rs.23,92,500/- to the legal heirs of the victims as detailed in the following column:
SlN o Name of the deceased Heirs of the deceased with relationship intended for compensation Compensation as ordered under section 357(A) Cr.P.C.
Relief amount already sanctioned and paid Net amount sanctioned col. (4) - (5) (1) (2) (3) (4) (5) (6) Ranjithkumar S/o.Shanmugam Thiru.Shanmugam (Father) S/o.Ramasamy, Keelatheru, Olugacheri 3,00,000 3,00,000/- Venkatesan S/o.Balakrishnan Thiru.Balakrishna n (Father) Keelatheru, Olugacheri 3,00,000 3,00,000 Anand S/o.Selvakumar Tmt.Chitra (Mother) W/o.Selvakumar Keelatheru, Olugacheri 3,00,000 3,00,000 Aravind S/o.Selvakumar Tmt.Chitra (Mother) W/o.Selvakumar Keelatheru, Olugacheri 3,00,000 3,00,000 Anandanayaki D/o.Chinnadurai Tmt.Sakunthala (Mother) W/o.Chinnadurai Keelatheru, Olugacheri 3,00,000 3,00,000 Vanitha W/o.Arivalagan Thiru.Arivalagan (Husband) S/o.Balakrishnan Pudhutheru, Olugacheri 3,00,000 1,02,500 1,97,500
Rajkumar S/o.Ramesh Thiru.Ramesh (Father) S/o.Sammandam, Keelapuliyanthopp u, Thirubuvanam 3,00,000 3,00,000 Sridhar S/o.Venkatachalam Tmt.Karpagam (Wife) W/o.Sridhar Keelapuliyanthopp u 3,00,000 1,02,500 1,97,500 Mugesh S/o.Chinnasamy Thiru.Chinnasamy (Father) S/o.Ganapathi, Valluvar Street, Kangeyampettai 3,00,000 1,02,500 1,97,500 27,00,000 3,07,500 23,92,500
4. The learned Special Government Pleader, on instructions, would submit that the said amount would be paid to the legal heirs within a week's time. The same is recorded. Accordingly, this writ petition is disposed of with a direction to the respondents to disburse the said amount within a period of one week to the legal heirs of the victims as stated in the above tabulation. If there is no dispute and if there is any dispute among the legal heirs, the Superintendent of Police may resolve it, if possible, and pay the amount to the legal heirs and in the event, the dispute among the legal heirs could not be settled, the Superintendent of Police shall direct the authorities to go and settle the dispute before the civil Court and then, as per the order of the civil Court, he shall disburse the said amount. No costs. Consequently connected Miscellaneous Petitions in WMP Nos.1/2014 & 5114/2016 are closed.
Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1 THE SECRETARY THE UNION OF INDIA DEPARTMENT OF INDUSTRY AND COMMERCE NEW DELHI. 2 THE INSPECTOR OF POLICE PANTHANALLUR POLICE STATION PANTHANALLUR THANJAVUR DISTRICT.
3 THE SECRETARY UNION OF INDIA, DEPARTMENT OF CHILD WELFARE NEW DELHI.
4 THE CHAIR PERSON NATIONAL COMMISSION FOR PROTECTION OF CHILD RIGHTS 5TH FLOOR CHANDEROK BUILDING 36 JANPATH NEW DELHI.
5 THE CHIEF SECRETARY SECRETARIAT ST.
GEORGE FORT CHENNAI.
6 THE SECRETARY DEPARTMENT OF SOCIAL WELFARE AND LABOUR EMPLOYMENT SECRETARIAT ST. GEORGE FORT CHENNAI.
7 THE STATE OF COMMISSION FOR PROTECTION OF CHILD RIGHTS SOCIAL WELFARE DEPARTMENT SECRETARAIT ST. GEORGE FORT CHENNAI. 8 THE CHIEF CONTROLLER OF EXPLOSIVES PETROLEUM AND EXPLOSIVES SAFETY ORGANIZATION A-BLOCK 5TH FLOOR CGO COMPLEX SEMINARY HILLS NAGPOOR-440 006 MAHARASTRA STATE. 9 THE DISTRICT COLLECTOR THANJAVUR DISTRICT THANJAVUR.
10 THE DISTRICT REVENUE OFFICER THANAJVUR DISTRICT THANJAVUR.
11 THE SUPERINTENDENT OF POLICE, THANJAVUR. +1 CC to Mr.A.GANESAN, Advocate, SR No.73449 +1 CC to Mr.S.M.ANANTHA MURUGAN, Advocate, SR No.73469 +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No.73991 ORDER MADE IN W.P(MD)No.8777 of 2014 and M.P.Nos.1/2014 and 5114/2016 28.11.2016 RR SH/SK:19.12.2016:6P/15C