M SUBRAMANI Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THE petitioner seeks for a Writ of Mandamus directing the respondents to pay compensation of Rs.1,00,000/- to the petitioner on account of the death of his son on 5.9.2008. THE petitioner's son was aged about 1 - years and they were residing at No.51, Karanesan Nagar, Korrukkupettai, Chennai-600 021. Near the house of the petitioner storm water drain cleaning work was going on 5.9.2008. THE cleaning work was done by the employees of the respondents. After completing the work, the employees of the respondents 1 and 2 Corporation did not close the cement slabs. Since the child was playing on the road, the child fell in to the storm water drain. THE child drowned into the canal and died. He was taken to Government Stanley Hospital for conducting post morotem and the post mortem report reveals that the child died due to drowning in the canal.

(2.) THE matter was widely published in the newspaper. THE petitioners sent a complaint to the Chief Minister's Grievance Cell and remarks were called for from the Zonal Officer-I, Corporation of Chennai. In the remarks dated 18.12.1998 the Zonal Officer informed the Special Officer, Chief Minister's Grievance Cell that Storm Water drain in Zone I Ward III is having depth of 3 feet and was built during 1987. Thd said drain goes across the Manali Road and reached Buckingam canal. THE respondents have also acknowledged that they were informed that the child fell into ditch and police department informed the Corporation.

(3.) IN any event, insofar as the death of the petitioner's son viz., Venugopal, aged about 1 - years, the respondent Corporation is squarely responsible because of their negligence and not keeping the storm water drainage in closed condition, such incident had taken place. Otherwise, the minor Venugopal is only 1 year and 2 months and he cannot be expected to know the danger of the storm water drainage kept in an open condition.