Mathina v. The Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M. GOVINDARAJ Mathina .. Petitioner Vs.

1.The Secretary, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, St. George Fort, Chennai - 600 009.

2.The Chairman and Managing Director, Tamil Nadu Water Supply and Drainage Department, 31, Kamaraj Salai, Chepauk, Chennai.

3.The Secretary, Director of Socieal Welfare Department, Government of Tamil Nadu, Old Engineering College Complex, Chepauk, Chennai.

4.The District Collector, Thoothukudi District, Thoothukudi.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the 4th respondent/District Collector of Thoothukudi to sanction and disburse 8% of interest amount would be calculated as per the Honourable Supreme Court and our Honourable Division Bench Judgment as on 01.10.2014 to 27.08.2019 + Rs.15,000/- which was deducted from the compensatory amount based on the petitioner's representation, dated 15.09.2019.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.Mr.J.Gunaseela Muthaiah Additional Government Pleader 1/3

ORDER

In the Judgment in Safai Karamchari Andolan and others Vs. Union of India and others reported in (2014) 11 Supreme Court Cases 224, the Honourable Supreme Court directed the eradication measures to the manual scavenging and to eradicate the continuous practice of manual scavenging.

2.The Honourable Supreme Court has ordered that Rs.10 lakhs shall be paid as compensation for sewer deaths. Following the same, in a public interest litigation, the Division Bench of this Court has ordered compensation of Rs.10 lakhs, with effect from 01.10.2014, to those who died prior to that date in W.P.No.25726 of 2017, dated 04.06.2018. Following this, another Division Bench of this Court in W.A.(MD)No.1029 of 2019, dated 06.11.2019 directed payment of interest at the rate of 8% per annum with effect from the date of filing of the writ petition. 3.Insofar as the present case is concerned, the petitioner's husband died while cleaning the septic tank and this Court in W.P.(MD)No.16771 of 2018 by its order, dated 29.04.2019 awarded the compensation of Rs.10 lakhs, of which the respondents have paid Rs.

15,000/- for funeral expenses and balance of Rs.9,85,000/- on 21.08.2019. Now that the petitioner has approached this Court for payment of interest. 4.The learned Additional Government Pleader, fairly conceded that they are willing to pay the interest with effect from 01.10.2014 at the rate of 6% per annum.

5.Considering the submissions on both side, a direction is given to the respondents to pay the interest at the rate of 6% per annum on Rs.10 lakhs, with effect from 01.10.2014 till the date of payment of compensation.

6.With the above directions, this petition is allowed. No order as t costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) TM 2/3

To 1.The Secretary, Government of Tamil Nadu, Municipal Administration and Water Supply Department, Secretariat, St. George Fort, Chennai - 600 009.

2.The Chairman and Managing Director, Tamil Nadu Water Supply and Drainage Department, 31, Kamaraj Salai, Chepauk, Chennai.

3.The Secretary, Director of Socieal Welfare Department, Government of Tamil Nadu, Old Engineering College Complex, Chepauk, Chennai.

4.The District Collector, Thoothukudi District, Thoothukudi.

+1 CC to M/s.SPL GP ( SR-101476[F] dated 26/11/2019 ) 25.11.2019 KM/(11.12.2019) 3P 6C 3/3