Madras High Court
S.Sumathi vs The District Collector on 21 January, 2022
W.P.(MD) No.14066 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.01.2022
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
W.P.(MD)No.14066 of 2019
(Through video Conference)
S.Sumathi .. Petitioner
Vs.
1.The District Collector,
Dindigul District.
2.The Superintendent of Police,
Dindigul District, Dindigul.
3.The Inspector of Police,
Nilakottai Police Station,
Dindigul District. .. Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India to issue a Writ of Mandamus, directing the respondents herein to
pay compensation to the petitioner for the negligence on the part of the
third respondent and his higher official for the cause of death of her
husband and consequently direct the respondents herein to provide the
petitioner, a Government Job in any department considering her
qualification, based on her representation, dated 16.05.2019.
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W.P.(MD) No.14066 of 2019
For Petitioner : Mr.G.Solai Raja
For Respondents : Mr.A.Thiruvdai Kumar
Additional Public Prosecutor
ORDER
This writ petition is filed seeking compensation for the death of
petitioner's husband at the hands of the family members of one Veeranan.
2.According to the petitioner, there was a life threat to her and her
husband from the members of the Veeranan family and the same was
brought to the notice of the respondent police and a representation was
sent to the respondent police on 26.07.2013 by her husband seeking
protection. Inspite of giving the complaint, the respondent police failed to
give protection and take action against the persons who made threat to the
life of her husband. As a consequence, on 08.11.2013 her husband was
brutally murdered by Veeranan and others. Therefore, alleging that due to
inaction of the respondent police on the representaiton of her husband,
dated 26.07.2013, the death has occurred and therefore, the State has to
compensate.
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W.P.(MD) No.14066 of 2019
3.The learned Additional Public Prosecutor would submit that the
alleged representation, dated 26.07.2013 expressing apprehension and
threat to life is not supported by any acknowledgement and no proof of
such complaint. In any event, the State is not responsible to compensate
the petitioner for the death of her husband. Regarding the murder of
Senthilkumar, the husband of the petitioner, First Information Report was
registered on 09.11.2013 in Crime No.209 of 2013 as against five accused
and the case was taken up for trial by the learned Additional District
Judge, Dindigul in S.C.No.158 of 2017 and the same ended in conviction
of all the five acused, vide judgment dated 28.03.2019. As the State
police has taken up all the action to book the culprits and prosecuted them
in accordance with law, therefore, the writ petition is to be dismissed.
4.On perusal of the records, this Court finds that the representation
of the petitioner's husband, dated 26.07.2013 is primarily regarding the
land dispute between him and the family members of Veeranan. There is
no material to show that this complaint was received by the Sub-Inspector
of Police, Nilakottai. In any event, based on this complaint, one cannot
infer that there was dereliction of duty, on the part of the State to protect
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W.P.(MD) No.14066 of 2019
the petitioner and consequently, to pass on the liability on the State to
compensate the death of the petitioner's husband.
5.From the submission made by the learned Additional Public
Prosecutor, this Court is satisfied that they have conducted the
investigation of the crime properly and prosecuted the person who caused
the death of the petitioner's husband. Therefore, this Court is of the view
that the relief of seeking compensation does not fall within the scope of
any law in force. Hence, the Writ Petition stands dismissed. No costs.
21.01.2022
Index : Yes / No
Internet : Yes / No
sji
Note:In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy,
shall be the responsibility of the Advocate/litigant
concerned.
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W.P.(MD) No.14066 of 2019
To
1.The District Collector,
Dindigul District.
2.The Superintendent of Police,
Dindigul District, Dindigul.
3.The Inspector of Police,
Nilakottai Police Station,
Dindigul District.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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W.P.(MD) No.14066 of 2019
DR.G.JAYACHANDRAN, J.
sji
W.P.(MD)No.14066 of 2019
21.01.2022
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