K.Dhanalakshmi v. The Principal Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN K.Dhanalakshmi ... Petitioner -vs1.The Principal Secretary, Commissionerate of Revenue Administration, Disaster Management and Mitigation, Chennai.
2.The District Collector, Karur District, Karur.
3.The Commissioner, Directorate of Technical Education, Guindy, Chennai - 600 025.
4.The Correspondent, Karur College of Engineering, Aathur, Karur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to give adequate compensation for the petitioner by considering the petitioner's representation dated 04.09.2019. For Petitioner : Mr.G.R.Satish For Respondents 1 to 3 : Mr.K.P.Krishnadoss Special Government Pleader
ORDER
This writ petition is filed for issuance of Writ of Mandamus to direct the respondents to give adequate compensation for the petitioner by considering the petitioner's representation dated 04.09.2019.
2. Mr.K.P.Krishnadoss, learned Special Government Pleader takes notice for the respondents 1 to 3. By consent of both parties, the Writ Petition is disposed of at the admission stage itself. Since no adverse order is going to be passed against the fourth respondent, notice to the fourth respondent is dispensed with.
3. It is represented by the learned counsel appearing for the petitioner that the petitioner's husband namely, Kannan @ Selvam is no more and the petitioner had only daughter, namely, Sonalli, who 1/3
was studying B.E., 3rd year in the fourth respondent's College. One Udhayakumar, S/o.Periyasamy, who was also the student of the same college had one side love with her daughter. Since her daughter refused his love proposal, on 30.08.2016, at about 9.45 a.m., when the petitioner's was in her classroom, the said Udhayakumar entered into her daughter's classroom and brutally attacked her daughter on her head by a wooden log, due to which the victim sustained grievous injury and in the hospital she died. In respect of the said occurrence, a case was registered by Karur Town Police Station in Crime No.810 of 2016 dated 30.08.2016 for the offences under Sections 294(b), 324, 506(ii) and 307 IPC, which was subsequently altered into Section 302 IPC.
The police filed charge sheeet and the trial is going on before the learned Principal District Sessions Judge, Karur District. Since the petitioner had the only one daughter, the deceased Sonali, the petitioner faced lot of hardships and difficulties for earning money to spend to her daughter's education. Because of the death of her daughter, the petitioner's health condition also became worse and no one is there to take care of the petitioner and she could not go for regular coolie work and earn money for her livelihood. Hence, the petitioner sent a representation dated 04.10.2019 to the respondents to provide adequate compensation for her future. Thereafter the first respondent forwarded the same to the second respondent for taking necessary action. But till date, no action has been taken by the respondents.
Aggrieved by the same, the petitioner is before this Court with the aforesaid relief.
4. It is averred in the affidavit that already a case has been registered against the accused person. According to the petitioner, her husband is no more and her daughter also murdered. For murder, compensation will not be granted and the petitioner has already made a representation to the respondents in this regard. If the relief sought for by the petitioner is granted, it leads to further round of litigation. Hence, this Court is not inclined to grant the relief sought for by the petitioner.
5. Accordingly, this writ petition is dismissed. No Costs. Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL 2/3
To 1.The Principal Secretary, Commissionerate of Revenue Administration, Disaster Management and Mitigation, Chennai.
2.The District Collector, Karur District, Karur.
3.The Commissioner, Directorate of Technical Education, Guindy, Chennai - 600 025.
4.The Correspondent, Karur College of Engineering, Aathur, Karur.
+1 CC to M/s.G.R. SATISH, Advocate ( SR-23717[F] dated 02/12/2020 ) W.P(MD)No.17046 of 2020 02.12.2020 SJ(CO) KB(17.12.2020) 3P 6C 3/3