LAWS(MAD)-2018-9-297

STATE OF TAMIL NADU Vs. M NITHIYA

Decided On September 12, 2018
STATE OF TAMIL NADU Appellant
V/S
M Nithiya Respondents

JUDGEMENT

(1.) The Writ Appeal has been directed under Clause 15 of Letters Patent as against the order of the learned single Judge of this court, dated 15.06.2017 and made in W.P(MD)No.10913 of 2010 on the file of this court.

(2.) It is manifested from the records that the 1st respondent/writ petitioner had filed a writ petition under Article 226 of Constitution of India to issue a Writ of Mandamus directing the appellants 1 to 3/respondents 1 to 3 to pay compensation for the death of the writ petitioner's daughter namely Dhanalakshmi aged 9 years and grant employment to the writ petitioner on compassionate appointment and consequently directing the respondents therein to initiate necessary action against the said offenders operating in Vaigai Riverbed at Sholavanthan.

(3.) In the writ petition, it was contended by the writ petitioner that the petitioner's daughter Dhanalakshmi aged about 9 years died in an accident by a bullock cart and in pursuance of the complaint, a case stands registered in Crime No.150 of 2010 by the Sholavanthan Police Station, Madurai under Section 304(A) IPC and the writ petitioner gave request for giving compensation and compassionate appointment to her and to take appropriate action against the offenders. It is the further case of the writ petitioner that Rs. 1,00,000/ was paid to the writ petitioner out of the Chief Minister's Relief Fund. In the meantime, her husband also died and for that, Rs. 10,000/- was paid to the writ petitioner under Social Security Scheme and Rs. 1000/- per month is being paid to her towards widow pension from the month of October 2010. Despite the same, she has filed a writ petition seeking compensation, employment and to take action against the offenders.