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Madras High CourtWP(MD)/15675/2020disposed of

C. Indumathi v. The Chief Secretary

2020-11-09Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE C.Indumathi ... Petitioner Vs 1.The Chief Secretary, Home Department, Secretariat Buildings, Chennai-600 009.

2.The Principal Secretary, Animal Husbandry Dairying and Fisheries (Poultry) Department, Fort St.George, Chennai-9.

3.The District Collector, Madurai District, Madurai.

4.The Tahsildar, Thirumangalam Taluk, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take immediate action to sanction and to release the amount of reasonable compensation under Chief Minister's Public Relief Fund on the basis of the proceedings in Na.Ka.No.1357/2020/M1, dated 26.05.2020 issued by the third respondent within a stipulated period as fixed by this Court by considering the petitioner's representation dated 28.09.2020.

For Petitioner : Mr.P.Balamurugan For Respondents : Mrs.M.Rajeswari Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to immediately sanction and release the amount of reasonable compensation in favour of the petitioner, under the Chief Minister's Public Relief fund, on the 1/3

basis of the proceedings in Na.Ka.No.1357/2020/M1, dated 26.05.2020, issued by the third respondent, within a time frame to be fixed by this Court, by considering the petitioner's representation dated 28.09.2020.

2. Mrs.M.Rajeswari learned Government Advocate, accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard Mr.P.Balamurugan, learned counsel appearing for the petitioner and Mrs.M.Rajeswari, learned Government Advocate, appearing on behalf of the respondents.

4. It is the case of the petitioner that during the Jallikattu competition held on 17.01.2020, her husband who participated in the said Jallikattu, sustained injuries and thereafter, died due to the same. According to her, she is entitled for compensation from the Chief Minister's Relief Fund for the death of her husband Late.Chellapandian during the Jallikattu event. She has given a representation on 28.09.2020 to the respondents 1 to 3 requesting them to sanction and release the relief fund for her husband's death under the Chief Minister's Relief Fund. According to her, till date, the said representation has not been considered by the respondent Nos.1 to 3. It is her case that her family is facing financial difficulties and the compensation amount is required to eke out their livelihood. In such circumstances, this Writ Petition has been filed.

5. Mrs.M.Rajeswari, learned Government Advocate, appearing for the respondents, on instructions, would submit that a cheque for a sum of Rs.1,00,000/- is kept ready for the payment of the petitioner for the death of her husband during the Jallikattu event held on 17.01.2020 as compensation from the Chief Minister's Relief Fund. However, the learned counsel for the petitioner would submit that the petitioner is entitled for a much higher sum.

6. This Court is of the considered view that the representation of the petitioner seeking for compensation for the death of her husband from the Chief Minister's Relief Fund will have to be considered by the third respondent on merits and in accordance with law.

7. For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation dated 28.09.2020, seeking for compensation for the death of her husband Late.Chellapandian on 17.01.2020 during the Jallikattu event at 2/3

Alanganallur from the Chief Minister's Relief Fund and pass final orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 8.With the aforesaid direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) tsg Note: In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Chief Secretary, Home Department, Secretariat Buildings, Chennai-600 009.

2.The Principal Secretary, Animal Husbandry Dairying and Fisheries (Poultry) Department, Fort St.George, Chennai-9.

3.The District Collector, Madurai District, Madurai.

4.The Tahsildar, Thirumangalam Taluk, Madurai District.

+1 CC to M/s.GP ( SR-21763[F] dated 10/11/2020 ) 09.11.2020 na(CO) TR(11.11.2020) 3P 6C 3/3