SELVI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ petition is filed praying to issue a writ of mandamus directing the respondents to pay the petitioner appropriate compensation for the death of the petitioner's son, Prakash alias Ganesh, on 16.04.1998.

(2.) THE parents of the deceased Prakash alias Ganesh approached the High Court Legal Services Committee on the death of their son praying compensation. Initially, one Mr.S.S.Vasudevan was appointed as an advocate, directing him to provide legal assistance to the petitioner. Due to personal reasons, it appears that the counsel did not appear. Later, Mr.P.Anbarasan, learned counsel has entered appearance on behalf of the petitioner. First respondent is represented by the learned Government Advocate, the second respondent appears through the counsel Mr.V.Manohar and the third respondent is represented by counsel Mr.V.Bharathidasan.

(3.) FROM the statements contained in the counter-affidavit and also from the plea of the petitioner, it is clear that on 16.04.1998, the boy had fallen into the open sewage manhole, which apparently was open as the RCC cover due to improper laying was crushed to vehicle movement. At the instance of residents, the staff of the second respondent were able to identify the dead body inside the sewage line through the manhole opening. The Doctor has opined that the death was due to drowning and asphyxia. A First Information Report was registered immediately after the incident.