Madras High CourtWP(MD)/19494/2016disposed of

S. Selvi, v. The District Collector,

2016-10-06Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:06.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.19494 of 2016 S.Selvi ... Petitioner Vs.

1.The District Collector, Ramanathapuram District, Ramanathapuram.

2.The District Collector, Pudukottai District, Pudukottai District.

3.The Revenue Divisional Officer, Ramanathapuram Ramanathapuram District.

4.Tahshildar, Ramanathapuram Taluk, Ramanathapuram District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1, 3 to give compensation for the death of the petitioner's husband namely Subramanian on 15.07.2013 due to lighting in Keeramangalam Village, Pudukottai District based on the petitioner's representation on 08.03.2016 within a stipulated time.

For Petitioner : Mr.D.Balamurugapandi For Respondents: Mr.J.Gunaseelan Muthaiah, Government Advocate

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

2. By consent, the Writ Petition itself is taken up for final disposal.

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3. The petitioner has filed this Writ Petition seeking a direction, directing the respondents 1 & 3 to give compensation for the death of the petitioner's husband namely Subramanian, who died on 15.07.2013 due to thunder shock in Keeramangalam Village Pudukottai District, based on her representation, dated 08.03.2016, within a stipulated time.

4. According to the petitioner, her husband by name Subramaniyan died due to thunder shock on 15.07.2013 at Keeramangalam village, which is in Pudukottai District and F.I.R was also registered in Keeramangalam Police Station, regarding the death of above said Subramanian. Since the petitioner is residing in Ramanathapuram District, she has made an application before the District Collector, Ramanathapuram, seeking compensation. Since, no order has been passed till date, the petitioner has filed this Writ Petition.

5. The learned Government Advocate on instructions submits that based on the application submitted by the petitioner, the District Collector, Ramanathapuram conducted enquiry and has come to the conclusion that since the occurrence took place only in Pudukottai District and F.I.R was also registered in Keeramangalam Police Station, which is in Pudukottai District, he has no power to order compensation.

6. In the above circumstances, the petitioner is directed to make necessary application before the District Collector, Pudukottai, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application, the District Collector, Pudukottai, is directed to conduct enquiry and pass suitable orders on the same, on merits and in accordance with law, within a period of six weeks thereafter. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To 1.The District Collector,Ramanathapuram District, Ramanathapuram. 2.The District Collector, Pudukottai District, Pudukottai District.

3.The Revenue Divisional Officer, Ramanathapuram, Ramanathapuram District.

4.Tahshildar, Ramanathapuram Taluk, Ramanathapuram District. +One cc to Mr.D.Balamurugapandi, Advocate, SR.No.59453 +One cc to The Special Government Pleader, SR.No.59856 pm RL/7C/2P/SK/SKN/19.10.2016 W.P)No.19494 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 06.10.2016