Kerala High Court
Rathanakumari. N vs The Kozhikode Municipal ... on 24 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 24TH DAY OF MARCH 2022 / 3RD CHAITHRA, 1944
WP(C) NO. 503 OF 2022
PETITIONERS:
1 RATHANAKUMARI. N, AGED 60 YEARS
W/O. SASEENDRAN.M.P. (LATE), MANAKULAGARA,
KUZHIPALLI THIRUNELLI, PANDEERANKAVU P.O.,
KOZHIKODE-673 109
2 ASHWATHI SASHIDRAN, AGED 25 YEARS
D/O. SASHIDRAN.M.P. (LATE), MANAKULAGARA,
KUZHIPALLI THIRUNELLI, PANDEERANKAVU P.O.,
KOZHIKODE-673 109
3 ASHWINI SASHIDRAN,AGED 23 YEARS
D/O. SASHIDRAN.M.P. (LATE), MANAKULAGARA,
KUZHIPALLI THIRUNELLI, PANDEERANKAVU P.O.,
KOZHIKODE-673 109
BY ADVS.SHYAM PADMAN
C.M.ANDREWS
HARISH ABRAHAM
BOBY M.SEKHAR
LAYA MARY JOSEPH
ASHWATHI SHYAM
MUHAMMED SUHAIL THANGAL.A
RESPONDENTS:
1 THE KOZHIKODE MUNICIPAL CORPORATION
CALICUT BEACH, NEAR AKASHVANI, KOZHIKODE DISTRICT-
KERALA STATE PIN, -673 032, REP BY ITS SECRETARY
2 THE DISTRICT COLLECTOR KOZHIKODE,
WAYANAD RD, CIVIL STATION, ERNHIPALLAM, KOZIKODE,
KERALA-673 020
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY, PUBLIC WORKS
DEPARTMENT (PWD) GOVERNMENT SECRETARIAT ,
THIRUVANANTHAPURAM-695 001
BY ADV V.KRISHNA MENON
SMT.VIDYA KURIAKOSE, GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.03.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No.503/2022
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.503 of 2022
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Dated this the 24th day of March, 2022
JUDGMENT
This writ petition is filed with following prayers:
i. To issue a writ of Mandamus or any other
appropriate writ, order or command, directing the
3rd respondent to consider Ext P14 representation
and take necessary action and dispose of the
same.
ii. To issue a writ of Mandamus or any other
appropriate writ, order or command, directing the
3rd respondent being a welfare state to pay
compensation to the petitioners for the loss of life
caused due to negligence of the state which is
limited at Rs.1,00,00,000/- (Rupees One Crore
Only) along with interest at the rate of @12% per
annum till actual realization, with a direction to
recover the same from the erring officials liable
and responsible for the accident.
iii. To issue any such other writ, order or direction as
this Hon'ble Court may deem fit and proper under
the circumstances of the present case.
W.P.(C).No.503/2022
iv. Grant such other reliefs deemed just and proper
to grant in the interests of justice.
v. Award the entire costs of the Petitioners.
(SIC)
2. Heard the learned counsel for the petitioner and
the learned Government Pleader. I also heard the learned
Standing Counsel for the 1st respondent.
3. The first prayer in this writ petition is to issue
appropriate direction to the 3rd respondent to consider
Ext.P14 representation submitted by the petitioner before the
2nd respondent.
4. After hearing both sides, this Court is of the view of
that there can be a direction to the 2 nd respondent to consider
Ext.P14, after affording an opportunity of hearing to the
petitioners.
Therefore, this writ petition is disposed of in the
following manner:
The 2nd respondent is directed to consider and
pass appropriate orders in Ext.P14 in
accordance to law, after giving an opportunity
of hearing to the petitioners, as expeditiously
W.P.(C).No.503/2022
as possible, at any rate, within two months
from the date of receipt of a copy of this
judgment.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
W.P.(C).No.503/2022
APPENDIX OF WP(C) 503/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF FIRST INFORMATION
STATEMENT DATED 27.06.2016 REGISTERED
AS CRIME NO.429/2016 OF PANNIANKARA
POLICE STATION, KOZHIKODE
Exhibit P2 TRUE COPY OF FIRST INFORMATION REPORT
DATED 27.06.2016 UNDER SECTION 174 OF
THE CODE OF CRIMINAL PROCEDURE, 1973
REGISTERED AS CRIME NO.429/2016 OF
PANNIANKARA POLICE STATION, KOZHIKODE
Exhibit P3 TRUE COPY OF THE POST MORTEM REPORT
DATED 28.06.2016 ISSUED BY THE JUNIOR
RESIDENT MEDICAL OFFICER, GOVERNMENT
MEDICAL COLLEGE, KOZHIKODE, DEPARTMENT
OF FORENSIC MEDICINE, DIRECTORATE OF
MEDICAL EDUCATION
Exhibit P4 TRUE COPY OF THE POST MORTEM
CERTIFICATE DATED 02.05.2017 ISSUED BY
OFFICE OF THE POLICE SURGEON AND
DEPARTMENT OF FORENSIC MEDICINE, THE
DIRECTORATE OF MEDICAL EDUCATION,
MEDICAL COLLEGE, KOZHIKODE
Exhibit P5 TRUE COPY OF THE NEWSPAPER CLIPING
SHOWING THE 2ND RESPONDENT TAKING
STEPS TO COVER THE OPEN DRAINS AND
OTHER PRECAUTIONS PUBLISHED IN
MATHRUBHUMI, KOZHIKODE EDITION DATED
21.01.2017
Exhibit P6 TRUE COPY OF THE NEWSPAPER CLIPPINGS
OF MATHRUBHUMI NEWS DAILY KOZHIKODE
EDITION DATED 28.06.2016
Exhibit P7 TRUE COPY OF THE NEW INDIA EXPRESS,
KOZHIKODE EDITION DATED 29.06.2016
Exhibit P8 TRUE COPY OF MATHRUBHUMI NEWS DAILY
KOZHIKODE EDITION DATED 29.06.2016
Exhibit P9 TRUE COPY OF MATHRUBHUMI NEWS DAILY
KOZHIKODE EDITION DATED 23.08.2016
Exhibit P10 TRUE COPY OF MATHRUBHUMI NEWSPAPER
KOZHIKODE EDITION REFERRING TO SIMILAR
DEATH IN THE CITY DATED 28.08.2016
Exhibit P11 TRUE COPY OF THE ACKNOWLEDGMENTS DATED
W.P.(C).No.503/2022
16.08.2016 RECEIVED FROM THE OFFICE OF
THE CHIEF MINSTER OF KERALA
Exhibit P12 TRUE COPY OF THE ACKNOWLEDGMENTS DATED
18.08.2016 RECEIVED FROM THE OFFICE OF
THE CHIEF MINSTER OF KERALA
Exhibit P13 TRUE COPY OF THE PETITION SUBMITTED
BEFORE P.T.A RAHIM, M.L.A
KUNNAMANGALAM CONSTITUENCY
Exhibit P14 TRUE COPY OF THE PETITION SUBMITTED
BEFORE DISTRICT COLLECTOR & CHAIRMAN,
KOZHIKODE
Exhibit P15 TRUE COPY OF THE PETITION SUBMITTED
BEFORE KERALA STATE DISASTER
MANAGEMENT AUTHORITY
Exhibit P16 TRUE COPY OF THE PETITION SUBMITTED
BEFORE M.K.RAGHAVAN , M.P.
Exhibit P17 TRUE COPY OF THE PETITIONS SUBMITTED
BEFORE DISTRICT COLLECTOR & CHAIRMAN,
KOZHIKODE THE PRESIDENT, OLAVANA
PANCHAYAT
Exhibit P18 TRUE COPY OF THE PETITION SUBMITTED
BEFORE .K.M. MUNEER, M.L.A
Exhibit P19 TRUE COPY OF THE PETITION SUBMITTED TO
RAMESH CHENNITHALA, OPPOSITION LEADER
