Karnataka High Court
Sri. Govinda. M vs The Principal Secretary on 3 November, 2025
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WP No. 27913 of 2019
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.27913 OF 2019 (GM-RES)
BETWEEN:
1. SRI. GOVINDA M.
S/O MADHE GOWDA
AGED ABOUT 49 YEARS,
NO.188, 4TH CROSS,
11TH MAIN, HANUMANTHA NAGAR,
BENGALURU - 560 019.
2. SMT. LAKSHMI B.
W/O GOVINDA M
AGED ABOUT 41 YEARS,
RESIDENT OF NO.188,
4TH CROSS, 11TH MAIN,
HANUMANTHA NAGAR,
BENGALURU - 560 019.
...PETITIONERS
Digitally signed by (BY SRI. S. NATARAJA SHARMA, ADVOCATE)
ARUNKUMAR M S
Location: HIGH AND:
COURT OF
KARNATAKA
1. THE PRINCIPAL SECRETARY
SECONDARY EDUCATION
GOVERNMENT OF KARNATAKA
M.S.BUILDING,
DR.AMBEDKAR VEEDHI
BENGALURU - 560 001.
2. THE DIRECTOR
PRE-UNIVERSITY EDUCATION BOARD
18TH CROSS, MALLESHWARAM
BENGALURU - 560 012.
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3. THE DEPUTY DIRECTOR
PRE-UNIVERSITY EDUCATION BOARD
B.P.WADIA ROAD,
BANGALORE SOUTH DISTRICT
BENGALURU - 560004.
4. SRI. RAMA RAO
THE PRESIDENT
NATIONAL EDUCATION SOCIETY
BASAVANAGUDI,
BENGALURU - 560004.
5. SRI. NAGARAJA REDDY
THE SECRETARY
NATIONAL EDUCATION SOCIETY
BASAVANAGUDI,
BENGALURU - 560 004.
6. THE PRINCIPAL
NATIONAL PRE-UNIVERSITY COLLEGE
JAYANAGAR,
BENGALURU - 560 070.
7. THE COMMANDING OFFICER/LT COL
NATIONAL CADET CORPS
NO.8, CUNNINGHAM ROAD
BENGALURU - 560 052.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3;
SRI. KIRAN B.S., ADVOCATE FOR R4 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NO.4 AND 5 TO PAY THE
COMPENSATION OF RS.3 LACS WITH INTEREST FROM THE
DATE OF ITS ANNOUNCEMENT BY R-5 BEFORE THE MEDIA AS
PER ANNEXURE-E AND RS.10 LACS AS ADDITIONAL
COMPENSATION FOR THE MENTAL AGONY AND PHYSICAL
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HARASSMENT UNDERGONE BY THE PETITIONER AND THE
MOTHER OF THE DECEASED; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this writ petition, petitioners are seeking a writ of
mandamus to the respondents to pay compensation of
Rs.3,00,000/- with interest from the date of the announcement
made by respondent No.5, as per Annexure-E and
Rs.10,00,000/- as additional compensation for the mental
agony undergone by the petitioners and such other reliefs.
2. The relevant facts for adjudication of this writ petition are
that the petitioners' son - G. Vishwas, was studying I PUC
during the academic year 2017-18, in the College run by the
National Education Society. It is stated that the petitioners' son
was actively involved in NCC and therefore he was enrolled in
NCC and his enrollment application filed in the College is
produced at Annexure-B. It is also stated that NCC camp was
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headed by the NCC Co-ordinator and as per the direction of the
NCC Co-ordinator, the son of the petitioners was taken to Rama
Vishwa Vishwa Dhyana Ashrama in Ravangondlu Village,
Kanakapura Taluk on 23.09.2017. It is also stated that, on
24.09.2017, the students were cleaning the place around the
Ashram under the Swatch Bharat Scheme and at that time, the
son of the petitioner - G.Vishwas along with his friends went for
swimming and while swimming, the petitioner's son was
drowned in the water. Hence, son of the petitioner was
delcared as dead and accordingly, FIR was registered in UDR
No.0038/2017 (Annexure-D1) of Kanakapura Police Station,
Ramanagara District. As such, the petitioners have sought for
a writ of mandamus to the respondents to pay compensation as
prayed in the writ petition.
3. Having taken note of the submissions made by the
learned counsel appearing for the petitioners, it is the case of
the petitioners that, the petitioners' son - G.Vishwas who was
in the NCC Camp, allegedly drowned while swimming and
therefore, it is argued that the respondents are bound to pay
compensation to the petitioners. In this regard, learned counsel
appearing for the petitioners places reliance on the Judgment of
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the High Court Judicature at Madras in W.P.No.19260/2002
disposed of on 14.08.2008 and submitted that the respondents
are vicariously liable to pay compensation for the death of their
son and accordingly, sought for allowing the writ petition.
4. Per contra, learned counsel appearing for the respondent
Nos.4 to 6 submitted that disputed questions of fact have to
resolved in this writ petition with regard to negligence of the
son of the petitioners in the unfortunate incident and therefore,
the writ petition is not maintainable and the petitioners are
having remedy elsewhere.
5. Learned Additional Government Advocate appearing for
the respondent Nos.1, 2 and 3 also argued on similar lines.
6. Having taken note of the submissions made by the
learned counsel appearing for the petitioners, it is not in
dispute that, with regard to death of the son of the petitioners,
on 24.09.2017, as per Annexure-D1, the criminal case was
lodged in UDR No.0038/2017. It is submitted at the Bar that
the said proceedings is pending consideration before the
competent Criminal Court to assess whether the negligence is
on the part of the son of the petitioners or on the respondents
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in the alleged incident. In that view of the matter, as disputed
questions of fact are involved in this writ petition with regard to
negligence on the part of either of the parties, I am of the view
that, the petitioners have to approach the competent
authority/Court only after the conclusion of the proceedings
before the Criminal Court in UDR No.38/2017, for redressal of
their grievances. In that view of the matter, at this stage, writ
of mandamus cannot be issued to the respondents to pay the
compensation since the said aspect of the matter is yet to be
adjudicated by the Criminal Court.
7. With the above observation, the writ petition is disposed
of.
SD/-
(E.S.INDIRESH)
JUDGE
sac
