Vellaisamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2024 CORAM :
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Vellaisamy : Petitioner Vs.
The District Collector, District Collector Campus, Dindigul District.
: Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to give suitable compensation to the petitioner's grand children namely, Saravanan, Uthra and Alguraja on the basis of the petitioner's representations, dated 01.02.2017 and 20.06.2017. For Petitioner : Mr.D.Packiaraj, for Mr.S.Karthick Subramanian.
For Respondent : Mr.A.K.Manikkam, Special Government Pleader.
O R D E R
This Writ Petition has been filed seeking issuance of Writ of Mandamus, directing the respondent to give suitable compensation to the 1/4
petitioner's grand children namely, Saravanan, Uthra and Alguraja on the basis of the petitioner's representations, dated 01.02.2017 and 20.06.2017.
2. When the matter is taken up for hearing today, the learned Special Government Pleader appearing for the respondent would submit that the petitioner's daughter was admitted in a private hospital for delivery and that due to the treatment, she died in 2006 and that there is absolutely no basis for claiming compensation from the respondent.
3. The learned counsel for the petitioner would submit that he is leaving it to the discretion of the Court.
4. As rightly contended by the learned Special Public Prosecutor that there is no basis for claiming compensation as the petitioner's daughter was admitted in the private hospital.
5. It is not the case of the petitioner that he had approached any primary health centre or any other Government Hospital, but treatment was refused and that therefore, he was constrained to admit his daughter in the private hospital. Hence, this Court is of the view that there is absolutely no basis for the claim and hence, the petition is liable to be dismissed. 2/4
6. In the result, the Writ Petition is dismissed. No costs. 26.04.2024 NCC :Yes/No Index :Yes/No Internet : Yes/ No das To The District Collector, District Collector Campus, Dindigul District.
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K.MURALI SHANKAR, J DAS Order made in Dated : 26.04.2024 4/4