LAWS(MAD)-2011-2-215

S RADHA Vs. SECRETARY TO GOVERNMENT

Decided On February 24, 2011
S.RADHA Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) WRIT Petition is filed praying to issue a WRIT of Mandamus, directing the respondents to pay the petitioners a just and reasonable compensation for the death of K.Sundaraj who died on 21/22.10.2010 while cleaning and removing the blockage in the drainage system in the junction at Putheri Street Egambaranathar Temple, Sannathi Street, Kancheepuram, as may be determined by this Court within a time frame as may be fixed by this Court.

(2.) MR.L.S.M.Hasan Fizal, learned Government Advocate, takes notice on behalf of the respondents 1 and 2. MR.P.Srinivas, learned counsel takes notice on behalf of the third respondent. By consent of both parties, the writ petition is taken up for final disposal. Notice to the fourth respondent is dispensed with in view of the nature of the order to be passed in this case.

(3.) IN the present case, petitioners' claim is that the deceased Sundaraj died in the course of clearing the blockage, when he entered into the drainage on being engaged by the fourth respondent as per the instructions of the third respondent. Consequent to the death of Sundaraj at midnight (i.e.) 21/22.10.2010 at Kancheepuram, petitioners have given a representation to the second respondent District Collector, marking copy to the Chief Minister's Cell, etc., seeking compensation for the death as a result of negligence on the part of the authority. IN this case, no representation has been given to the third respondent, claiming compensation. The petitioners who are living in poverty, seek compensation on the death of the breadwinner.