Mathina, W/O.Malkush Moideen v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16771 of 2018 Mathina ... Petitioner Vs 1.The Secretary to Government of India Ministry of Social Justice, Room No.740, A-Wing, Dr.Rajendra Prasad Road, New Delhi-110 001.

2.The Secretary, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, St.George Fort, Chennai-600 009.

3.The Chairman and Managing Director, Tamil Nadu Water Supply and Drainage Department, 31, Kamaraj Salai, Chepauk, Chennai.

4.The Secretary, Director of Social Welfare Department, Government of Tamil Nadu, Old Engineering College Complex, Chepauk, Chennai.

5.The District Collector, Thoothukudi District, Thoothukudi.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fifth respondent to pass appropriate order on the representations made by the petitioner on 14.07.2014 and 10.02.2018 and to disburse the Sewer Death Compensation amount of Rs.10 Lakhs to the petitioner. For Petitioner : Mr.AR.Jeya Rhuthran For R1 : Mr.S.Jayasingh For R2 to R5 : Mr.K.Mu.Muthu Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2.The writ petitioner's specific case is that her son died when he was engaged in cleaning of septic tank on 21.04.2006. It is seen that Crime No.51 of 2006 was registered on the file of Kalugumalai Police Station. There appears to be no dispute with regard to the cause that led to the death of the petitioner's son. In such cases there is a mandate to disburse compensation. I fail to understand as to why a compensation is yet to be disbursed in this regard, since the death had occurred 13 years ago.

3.Therefore, the fifth respondent shall pass orders on the petitioner's representation dated 14.07.2014 and 10.02.2018 within a period of six weeks from the date of receipt of a copy of this order and also disburse the compensation payable to the writ petitioner without any delay, thereafter. 4.The Writ Petition is allowed on these terms. No costs. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Secretary, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, St.George Fort, Chennai-600 009.

2.The Chairman and Managing Director, Tamil Nadu Water Supply and Drainage Department, 31, Kamaraj Salai, Chepauk, Chennai.

3.The Secretary, Director of Social Welfare Department, Government of Tamil Nadu, Old Engineering College Complex, Chepauk, Chennai.

4.The District Collector, Thoothukudi District, Thoothukudi.

5.The Secretary to Government of India Ministry of Social Justice, Room No.740, A-Wing, Dr.Rajendra Prasad Road, New Delhi-110 001.

+1cc to Mr.S.JEYASINGH, Advocate, SR.No.63829 +1cc to M/s.Special Government Pleader,SR.No.65016 W.P.(MD)No.16771 of 2018 29.04.2019 RMK KK/SAR/23.05.2019/ 3P- 8C