T.Thavamani v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No. 14843 of 2025 T.Thavamani ... Petitioner vs.
1. The Principal Secretary, Department of Home Affairs, Secretariat, Fort St. George, Chennai - 09.
2. The Additional Chief Secretary, Department of Animal Husbandry, Dairying Fisheries and Fishermen Welfare Department, Secretariat, Fort St. George, Chennai - 09.
3. The District Collector, Collectorate, Madurai.
4. The Divisional Manager, Oriental Insurance Company, B.O.:39/40, Work Shop Road, Simmakkal, Madurai.
...Respondents
[This Court suo motu implead the 4th respondent as per order of this Court, dated 18.06.2025.] PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records 1/5
pertaining to the order passed by the 3rd respondent in Na.Ka.33415/2022/M1 dated 21.04.2025 and to quash the same as illegal, arbitrary and consequently direct the respondents 1 to 3 to grant compensation to the petitioners family as granted to the other similarly placed persons who lost their lives while watching Jallikattu as spectator, within a time frame as stipulated by this court. For Petitioner : Mr.S.Ramanathan For Respondents : Mr.M.Lingadurai, Special Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned order dated 21.04.2025 and consequently direct the respondents to grant compensation to the petitioner's family due to the death of petitioner's son while watching Jallikattu as spectator, within a time frame as stipulated by this court.
2. The 3rd respondent/District Collector has rejected the petitioner's claim, stating that the petitioner is not entitled to compensation under the Chief Minister's Relief Fund.
3. However, the learned Special Government Pleader, appearing for the respondents, on instructions, submitted that there is evidence indicating that the petitioner's son was present as a spectator at the Jallikattu event conducted on 2/5
14.01.2022. He also produced a copy of the Public Liability (Non-Industrial) Policy Schedule issued by Oriental Insurance Company Limited, which provided coverage from 00:00 hours on 14.01.2022 until midnight of the same day.
4. It is seen from the records that the petitioner's son died on 14.01.2022. Since the petitioner's son was a spectator, he is eligible for a death claim under the said insurance policy. Therefore, this Court, suo motu, impleaded the Divisional Manager, Oriental Insurance Company, Madurai, as the 4th respondent. The 4th respondent is directed to consider the petitioner's claim and pass an appropriate order within a period of six weeks from the date of receipt of a copy of this order. A copy of the insurance policy has been served to the petitioner. The petitioner is directed to submit an application before the 4th respondent/Insurance Company, along with a copy of the insurance policy, so that the Insurance Company may consider the claim and pass appropriate orders.
5. WIih these observations, this Writ petition is disposed of. No Costs.
18.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 3/5
To:
1. The Principal Secretary, Department of Home Affairs, Secretariat, Fort St. George, Chennai - 09.
2. The Additional Chief Secretary, Department of Animal Husbandry, Dairying Fisheries and Fishermen Welfare Department, Secretariat, Fort St. George, Chennai - 09.
3. The District Collector, Collectorate, Madurai.
4. The Divisional Manager, Oriental Insurance Company, B.O.:39/40, Work Shop Road, Simmakkal, Madurai.
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S.SRIMATHY , J.
KSA ORDER MADE IN W.P(MD)No. 14843 of 2025 DATED :18.06.2025 5/5