Rathinam.P, Advocate v. State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P.(MD)No.20461 of 2022 P.Rathinam ... Petitioner Vs.
1.State of Tamil Nadu, Represented by its Principal Secretary, School Educational Department, Fort St. George, Chennai - 600 009.
2.State of Tamil Nadu, Represented by its Secretary, Home Department, 2nd Floor, Main Building, Rajaji Road, Near RBI, Fort St. George, Chennai - 600 009.
3.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Road, Chennai - 600 004.
4.The Inspector General of Police, South Zone, Madurai.
5.The District Collector, Office of the District Collector, Dindigul District.
6.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
7.Chief Educational Officer, Dindigul District, Dindigul.
8.The District Educational Officer for Private Schools, Dindigul District, Dindigul.
9.Achyuta Academy Matriculation Higher Secondary School, Represented by its Correspondent, PVK Mahal, Tadicombu Road, Opposite to Ashok Nagar, Dindigul - 624 001.
10.The Sub-Inspector of Police, Dhadikombu Police Station, Dindigul.
11.The District Legal Service Authority, Represented by its Secretary, District Court Complex, Dindigul.
12.District Child Welfare Committee, Puduyugam Children's Home, Karunanidhi Nagar, Palani Road, Murugathuranpatti, Dindigul District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus a) Directing the 1st respondent to pay fair and just amount of compensation not less than 10 lakhs as this Hon'ble court fix in the interest of the Justice for the failure and lethargic attitude of the subordinate officials in protecting the welfare of the students which resulted in the falling of the girl student Ms.Mariya Rose from the 3rd floor of the Building of the Achyutha Academy Matriculation Higher Secondary School at about 8.50 pm on 17.10.2022 and resulted in the fracture of her back bone and other injuries at the earliest; b) Directing the management of the Achyutha Academy Matriculation Higher Secondary School to pay not less than 10 lakhs as this Hon'ble Court fix in the interest of the Justice to the victim's family of the student Ms.Mariya Rose;
c) Appointing a Special Investigation Team headed by a Lady IPS Cadre and other suitable officers known for their honesty and sincerity to investigate
the matter in the Crime Number 320 of 2022 pending on the file of the Sub Inspector of Police, Thadicombu Police Station, Dindigul District; and d) Directing the District Collector and the Superintendent of Police, Dindigul District to file the status report before this Hon'ble Court at the earliest. For Petitioner :
Mr.P.Rathinam, Party-in-Person For Respondents :
Mr.J.Ashok, Addl. Government Pleader for R1, R2, R5, R7 & R8 Mr.S.Ravi, Addl. Public Prosecutor for R3, R4, R6 & R10 Mr.M.P.Senthil for R9
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents to pay compensation to the victim girl, who has sustained injury in the 9th respondent school.
2. Today, when the matter was taken up for hearing, the learned counsel appearing for the 9th respondent submitted that the school authorities have paid a sum of Rs.3,30,000/- towards medical expenses as well as a sum of Rs.5,00,000/- as compensation to the victim girl. He further submitted that the school authorities will meet out the educational expenses of the victim girl for 11th and 12th standard.
3. Considering the fact that the parents of the victim girl have not approached this Court and the present Writ petition is filed as a public interest litigation, recording the submission of the learned counsel appearing for the 9th respondent, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.] vsm 12.12.2022
To 1.The Principal Secretary, State of Tamil Nadu, School Educational Department, Fort St. George, Chennai - 600 009.
2.The Secretary, State of Tamil Nadu, Home Department, 2nd Floor, Main Building, Rajaji Road, Near RBI, Fort St. George, Chennai - 600 009.
3.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Road, Chennai - 600 004.
4.The Inspector General of Police, South Zone, Madurai.
5.The District Collector, Office of the District Collector, Dindigul District.
6.The Superintendent of Police, Office of the Superintendent of Police, Dindigul District.
7.Chief Educational Officer, Dindigul District, Dindigul.
8.The District Educational Officer for Private Schools, Dindigul District, Dindigul.
9.The Sub-Inspector of Police, Dhadikombu Police Station, Dindigul.
10.The Secretary, The District Legal Service Authority, District Court Complex, Dindigul.
12.District Child Welfare Committee, Puduyugam Children's Home, Karunanidhi Nagar, Palani Road, Murugathuranpatti, Dindigul District
D.KRISHNAKUMAR , J.
and R.VIJAYAKUMAR, J.
vsm 12.12.2022