S JOHNSON Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By consent, the main writ petition itself is taken up for final disposal.

(2.) The prayer in the writ petition is for the issuance of writ of mandamus directing the respondents to pay compensation of Rs.20,00,000/- for the death of the petitioner's only son J.Gladyvincent, aged about 15 years based on the representation of the petitioner dated 20.11.2009.

(3.) It is stated in the affidavit filed in support of the writ petition that the petitioner's only son J.Gladyvincent, who was studying in the third respondent Technical Institute as First Year student, as per the direction issued by the Class Teacher, on 12.10.2009 at about 10.30 a.m., was cleaning the class room roof along with other students. While doing the cleaning work, the petitioner's son fell down and sustained grievous injuries and he was admitted by the authorities of the third respondent Institute in General Hospital for treatment and the said news was intimated to the petitioner through one of the Teachers by name Sampath and the petitioner rushed to the hospital, where the petitioner's son was taking treatment. On 19.10.2009 at about 8.15 a.m., the petitioner's son died in the hospital. A criminal case was registered in J.3 Guindy Police Station in Crime No.870 of 2009. According to the petitioner, the said incident had occurred only due to the instructions issued by the teacher of the third respondent institute to do the cleaning work and the because of the same, the petitioner lost his only son and hence, he filed a representation on 20.11.2009 to the respondents praying for compensation of Rs.20,00,000/- for the death of the his son. However, no action being taken, the writ petition is filed with the above said prayer.