SANKARESWARI Vs. DISTRICT COLLECTOR, VIRUDHUNAGAR DISTRICT.

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) Arunkumar and Prathiban hail from Sivakasi. They were studying in 10th Std. On 8/7/2018, at around 05.10 P.M, they went near a water body known as Karuthoorani to answer nature's call. Like any boys of their age, they were playing by throwing stones. Suddenly, there was an explosion and both of them suffered severe burn injuries. Crime No.748 of 2018 was registered on the file of Sivakasi East Police Station. The parents sent representation dtd. 4/8/2018 demanding action to be taken against the persons of responsible for dumping hazardous waste. They also sought payment of compensation. Since their request did not elicit favourable response, the present writ petition came to be filed. The learned counsel appearing for the petitioner reiterated the contentions set out in the affidavit filed in support of this writ petition and called upon this Court to grant relief as prayed for.

(3.) The learned Special Government Pleader appearing for the official respondents submitted that what happened was a pure accident. According to him, while the gravity of the tragedy has to be acknowledged, the State cannot be fastened with any liability. He took me through the counter affidavit filed by the jurisdictional police. After investigation, the FIR had been closed as action dropped. The final report was duly recorded in RCS No.16 of 2019 on the file of the Judicial Magistrate No.2, Sivakasi.