V.SHANMUGAM Vs. UNION OF INDIA

JUDGEMENT

(1.) The Writ of Mandamus is filed to direct the respondents to pay the petitioner a minimum compensation of Rs.25,00,000.00 (Rupees wenty Five Lakhs) with interest at the rate of 12% per annum from the date of the present writ petition till the date of payment for the death of the son of the writ petitioner S.Madhanagopal, who was a 3rd year B.E. (EEE) student in the Pallavan College of Engineering, Thimmasamudram, Kancheepuram.

(2.) The 1st petitioner states that he hails from a poor family and is running a tea stall at Pallikudathan Street, Kancheepuram. He had two children, a daughter and son. His son, S.Madhanagopal was studying in the 8th respondent / Pallavan College of Engineering. He was doing B.E. (EEE)

(3.) rd year. Unfortunately, the son of the 1st petitioner died on 27/9/2014, while participating in the NSS Programme called "International Coastal Clean-up" organised by the respondents 4, 6 and 8 in the coastal area from Koovathur to Thenpattinam, Kancheepuram District. There were 54 students along with the son of the petitioner. His son left home at 6:00 a.m. on 27/9/2014 to participate in the said programme. At about 3:00 p.m on 27/9/2014, the family members of the petitioner were informed through residential phone by the 10th respondent that his son had died about 2:00 p.m. drowning in the sea. The respondents 7 to 10, who were responsible for the safety of my son, had not even cared to give a complaint to the Police about the death of the son of the petitioner. 3. A Police complaint was registered in E5 Koovathur Police Station, Kancheepuram District. A legal notice was issued by the father-in-law of the 1st petitioner on 4/10/2014 to the 8th respondent and other authorities. The 8th respondent sent a reply by stating that due care and diligence was taken by the faculty members and the son of the petitioner himself invited the fatal end and therefore, the College is not responsible. During the pendency of the writ petition, the 1st petitioner died on 20/4/2020. Subsequently, wife and daughter of 1st petitioner were substituted in the writ petition.