M.Mahalingam, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2024

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN M.Mahalingam ... Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The General Manager, Southern Railway, Chennai.

3.The Divisional Manager, Southern Railway, Madurai Division, Madurai.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents to give compensation to the petitioner for deceased petitioner's son namely Kanagamani due to Railway Accident based on the petitioner's representation dated 21.01.2019.

For Petitioner : Mr.G.Gomathi Sankar For R - 1 : Mr.D.Gandhi Raj Special Government Pleader For R - 2 : Mr.K.R.Laxman 1/4

ORDER

This Writ Petition has been filed by the petitioner for a direction directing the respondents to award compensation for his son's demise due to a railway accident.

2.The petitioner's son while travelling in the train from Madurai to Virudhunagar, met with a Railway accident and died while crossing the railway track. Therefore, the petitioner submitted a representation dated 21.09.2019 before the respondents seeking compensation.

3.This is a disputed question of facts and it has to be gone into by trial. Mere submission of the representation cannot be considered. That apart, there is a Tribunal to seek compensation for the Railway. Therefore, the representation submitted by the petitioner cannot be granted. Hence, this Writ Petition lacks merits and the same is liable to be dismissed.

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4.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

02.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Madurai District, Madurai.

2.The General Manager, Southern Railway, Chennai.

3.The Divisional Manager, Southern Railway, Madurai Division, Madurai.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 02.12.2024 4/4