M.Amirthavalli, v. Union Of India, Rep By Its
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.01.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.5056 of 2018 and WMP(MD) Nos.5023 & 5024 of 2018 M.Amirthavalli ... Petitioner Vs 1.Union of India, Rep by Its, Secretary, Ministry of External Affairs, South Block, New Delhi -110 011.
2.The First Secretary(Cons), Embassy of India, Villa No.19, Street No.828, Area No.42, Wadi Alneel, Old Hilal Area, P.O.Box No.2788, Doha-Quatar..
3.The Commissioner Of Rehabilitation and Welfare of Non Resident Tamils, Ezhilagam, Chepauk, Chennai -5.
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4.The District Collector, Office of the District Collector, Sivagangai District.
5.The Superintendent of Police, Office of the Supertendent of Police, Sivagangai District.
6.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent Nos. 1 and 2 to take appropriate action to get compensation for the death of the petitioner's son by name M.Gopala Krishnan aged about 21 years holding passport in passport no.L 5681395 from Dogus company all Masilah Road, A1 Rayyan Road project P007-C2, P.O.Box 63785, Doha/Qatar, A1, Masulan Road, Qatar and also to get insurance money from the competent authority in Qatar and to provide the same to the petitioner. For Petitioner : Mr.S.Malaikani For R1 & R2 : Mr.K.R.Laxman Senior Central Government Standing Counsel For R3 & R4 : Mr.A.Baskaran Additional Government Pleader For R5 & R6 : Mr.M.Vaikkam Karunanidhi Government Advocate 2/7
O R D E R
The petitioner's son by name Gopalakrishnan aged about 21 years went to Qatar in the month of February 2010 and he was found missing. Therefore, the petitioner has filed a Habeas Corpus petition in HCP(MD) No.535 of 2017 and pursuant to the orders of this Court, Ministry of External Affairs has taken steps to find the petitioner's son and ascertained that the petitioner's son died. They have also conducted DNA test with a person and revealed that it is the petitioner's son. Therefore, the petitioner has filed this writ petition for a Mandamus seeking compensation from the respondents 1 & 2.
2.When this writ petition was taken up for hearing on 05.01.2024, there was no representation for the petitioner. Therefore, this writ petition was ordered to be listed today. 3/7
3. Considering the relief sought for in this writ petition and considering the fact that the issue is pending from the year 2018, this Court, directed Mr.K.R.Laxman, learned senior standing standing counsel to take notice for the respondents and to get instructions from the respondents 1 & 2. Mr.K.R.Laxman, learned counsel has also obtained a written instructions from the Ministry of External Affairs, which reads as under:- ''Reference trailing mail on the subject mentioned above, since the death of Sh.Gopala Krishnan was due to suicide by hanging, no insurance money was payable to him. His leave salary and other dues have been handed over to the Madurai Police along with mortal remains by the Company representative.
The Workmen's Compensation Act applies only in the case of death that occurs due to the accident during the performance of work. Heart attack, hanging or even accident during off duty hours is not covered." 4.In view of the above, this writ petition is closed. This Court places its appreciation to Mr.K.R.Laxman, learned counsel for getting necessary instructions within a short period of 10 days.
Several similar writ petitions are also pending for want of instructions from the concerned Departments. The counsel, who are representing the State have to take some initiatives to get proper instructions from the Departments for the persons like the petitioner. No costs. Consequently, connected Miscellaneous Petitions are closed.
19.01.2024 NCC :Yes/No Index :Yes/No Internet:Yes vrn 5/7
To 1.The Secretary, Union of India, Ministry of External Affairs, South Block, New Delhi -110 011.
2.The First Secretary(Cons), Embassy of India, Villa No.19, Street No.828, Area No.42, Wadi Alneel, Old Hilal Area, P.O.Box No.2788, Doha-Quatar..
3.The Commissioner Of Rehabilitation and Welfare of Non Resident Tamils, Ezhilagam, Chepauk, Chennai -5.
4.The District Collector, Office of the District Collector, Sivagangai District.
5.The Superintendent of Police, Office of the Supertendent of Police, Sivagangai District.
6.The Inspector of Police, Ilayangudi Police Station, Sivagangai District.
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B.PUGALENDHI, J.
vrn Order made in W.P(MD)No.5056 of 2018 and WMP(MD) Nos.5023 & 5024 of 2018 19.01.2024 7/7