M.RAMESH Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioners in these two writ petitions are parents of the deceased R.Gideon and S. Moses, aged 15 and 17 respectively, who have died due to drowning on 15/5/2017 in the abandoned Government quarry situated in Pallikuppam Village, Anaicut Taluk, Vellore District. These writ petitions are filed by the petitioners praying to direct the respondents to pay a sum of Rs.25.00 lakhs each as compensation for the death of their sons on the ground that their death had occasioned due to negligence and carelessness on the part of the respondents in maintaining the quarry with minimum safeguards and/or protection.

(2.) The facts leading to the filing of these two writ petitions are not in dispute. On the fateful day of 15/5/2017, the sons of the petitioners along with their friends have gone to the abandoned Government quarry situated in Pallikuppam Village, Anaicut Taluk, Vellore District to take a bath. Little did they realise that it would cost them their life on that day. It is stated that the sons of the petitioners drowned and their bodies could not be retrieved for a long time. When intimation was given to the Fire and Rescue Service Personnel, they made an attempt to fish out the bodies, but it went in vain. Subsequently, the National Disaster Management Team reached the spot and after a herculean search, the bodies of the sons of the petitioners could be retrieved from the abandoned stone quarry. In connection with the death of the sons of the petitioners, a case in Crime No. 206 of 2017 was registered for the offence under Sec. 174 of the Code of Criminal Procedure on the same day namely 15/5/2017. Subsequently, the Government, vide G.O. (1D) dated 548, Revenue and Disaster Management Department has disbursed a sum of Rs.50,000.00 as solatium to the respective petitioners and it was also received by the petitioners on 10/7/2019. These facts are not in dispute and they are admitted by the respondents in this case.

(3.) The learned counsel for the petitioners would vehemently contend that the respondents are vicariously liable for the death of the sons of the petitioners, due to drowning. According to the learned counsel for the petitioners, the land in Survey Number 277/1 (part) where the abandoned lake exists, was originally leased out to a company called Hi-tech Rock Products and Aggregates Limited for three years from 18/7/2011 to 17/7/2014. During the subsistence of lease, the aforesaid company has excavated the land deeply. However, after the lease period expired, the company had abandoned the leased land without erecting any fence, sign board or caution board to wean away the villagers from venturing into the quarrying site. During rainy season, water got collected in the deep pit and the quarried site looked like a pond. This has attracted the sons of the petitioners and his friends to take a bath without realising that it would cost them their life.