G LAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed for a direction against the respondents to pay the petitioner a sum of Rs.20 lakhs as compensation for the death of her son, Rukmangathan and his family, caused due to the negligence of the respondents.

(2.) THE factual matrix of this case as per the affidavit filed in support of this writ petition is that the petitioner is the mother of late Rukmangathan. THE above said petitioner's son was aged 42 years at the time of the incident; his wife R. Saraswathi was aged about 35 years and two children, viz., R. Ishwarya, a girl aged about 9 years and R. Jayakrishnan, boy aged about 3 months were residing with her at Plot No. 84, "A" Block, Thanikachalam Nagar (East) Ponniammanmedu, Madhavaram, Chennai 600 110. In the month of November 1997, due to heavy rain, there was flood in Thanikachalam Nagar and the petitioner's house was also surrounded by flood. THE petitioner and his son along with his family members desired to move away from the place to go to her daughter's house in Thiru.Vi.Ka.Nagar since the water level in the area was constantly raising. On the understanding that the petitioner's son Rukmangathan along with his wife and two children should start early at 6.30 a.m. on 27.11.1997 to reach her dauahter's house, it was proposed that the petitioner along with her husband Govindasamy and younger son Sutharshan would join them later in the day, the said Rukmangathan along with his wife and children has proceeded from the house at Thanikachalam Nagar on the road passing via "A" Block of Thanikachalam Nagar. As stated by the petitioner, there was a flood water drain near "A" Block, which is falling within the Municipal jurisdiction of Madhavaram Municipality. THE floor of the drain was about four feet below the road but there was no parapet wall or culvert abutting the road together with the warning to the passers-by on the road.

(3.) ACCORDING to the petitioner, the liability is not only on the part of the respondents 1 and 2 but also on the part of the Municipality, which is functioning as per the District Municipalities Act. The petitioner's husband on 22.12.1997 has made a representation to the Collector, Tiruvallur District seeking flood relief. By letter dated 16.3.1998, the Collector has informed the husband of the petitioner that the petitioner is not entitled to any claim as per the Government Rules. Thereafter, the Tahsildar, Ambattur by his letter dated 21.4.1998 has also informed that the petitioner is not entitled for any relief. ACCORDING to the petitioner, in spite of the refusal of the relief, the said Officers have admitted the occurrence, but denied their liability. Thereafter, the petitioner's husband had sent a representation to the Chief Minister's Cell for which, there was no reply.