SINGARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioners in all these four writ petitions are unfortunate fathers of their respective minor children who were crushed to death while playing near the 5th respondent school gate on 29.04.2005 and in the case of minor Gopinath on 1.05.2005.

(2.) THE W.P.8285 of 2005, the petitioner's minor son Ganapathy @ Chinnapar was eight years old at the time of the accident and he was studying IV std in the fifth respondent school. In W.P.8369 of 2005, the petitioner's minor son was Mariappan, who was also eight years old and was studying in the third respondent school. In W.P.8644 of 2005, the petitioner's son was minor Karupasamy and he was seven years old and was studying III standard in the fifth respondent school. In W.P.10476 of 2005, the petitioner's son was Gopinath and he was six years old and studying I Standard in the fifth respondent school.

(3.) ON 29.04.2005, when the children were playing near the wall, the compound wall collapsed and some children were caught under its weight. While five children died, some other children got grievous injuries. In the case of minor Gopinath, after he was hospitalised, he died on 1.05.2005. This news was widely covered in all the newspapers and a criminal case was registered against the respondents 5 to 7 by the Sethur police station in Crime No.97 of 2005 under Section 304 A IPC. The post-mortem conducted on the five children (only four parents are before this Court) clearly showed the nature of injuries was due to crushing by the broken wall along with the gate.