KANAGARAJ Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed seeking compensation from the respondents for the death of the petitioners minor children (1) Dhamodharan, aged 4 years and (2) Deepak, aged 3 years.

(2.) The facts leading to the filing of this writ petition, in brief, are as follows:- The petitioner is a permanent resident of Velampatti Village in Tirupur District. He had two male children by name (1) Dhamodharan, aged 4 years and (2) Deepak, aged 3 years. The respondents have constructed a Child Welfare Center at Velampatti Village under 'Sampoorna Rojkar Yojana Scheme'. For the purpose of storing water, at the time of construction of building for the Child Welfare Center, the respondents constructed a ground level water storage tank. Even though the construction work was over long ago, the respondent failed to close the ground level water tank and kept it open, water got stagnated in the tank.

(3.) While so, on 30.11.2004 at around 10.00 a.m. the sons of the petitioner, who were playing near the child welfare center, accidentally, fell into the water tank and died on the spot. Thereafter, based on a complaint given by the petitioner, a case was registered in Crime No.299 of 2004 on the file of the Inspector of Police, Avinashipalayam Police Station in Coimbatore District, under Section 174 of Cr.P.C. and after investigation, a final report was filed for offence under Section 304-A of IPC against the 4th respondent, who was a Civil Contractor of the building. According to the petitioner, the deaths were due to the willful negligence on the part of the respondents in not closing the ground level water tank which was constructed for the purpose of storing water during construction work was in progress. The construction work was over long ago and the possession of the building has also been handed over to the authorities. Had the respondent closed the ground level water tank immediately after the purpose was over or properly fenced the tank, the death of the children of the petitioner would not have occurred. Only due to the negligence of the respondents, two young children lost their lives. The State has an obligation to protect the lives of the citizen of this country as guaranteed under Article 21 of the Constitution of India, but, it failed to do so and, therefore, the petitioner is entitled for compensation from the State for the death of his two sons. Hence, this writ petition.