Madras High Court
S.Poonkothai vs The District Collector on 2 March, 2023
WP(MD)No.5162 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
WP(MD)No.5162 of 2016
and
WMP(MD)No.4617 of 2016
S.Poonkothai ... Petitioner
Vs
1.The District Collector,
Collectorate,
Thanthonimalai Post,
Karur.
2.Revenue Divisional Officer,
Karur.
3.The Additional Director of Panchayat,
Office of the Collectorate,
Karur.
4.The Block Development Officer,
Village Panchayats,
Karur Panchayat Union,
Vennaimalai,
Karur.
5.The President,
Kathaparai Panchayat,
Vennaimalai,
Karur. ... Respondents
1/10
https://www.mhc.tn.gov.in/judis
WP(MD)No.5162 of 2016
PRAYER: Writ Petition is filed under Article 226 of the
Constitution of India for issuance of a writ of mandamus,
directing the respondents to follow GO.Ms.No.33, dated
02.03.2016 issued by the Rural Development and Panchayat
Raj(PR-1) Department in letter and spirit without illegally
threatening the petitioner of facing either lock and seal
of the premises at Sri.Karia Kalimman plastics in NO.228/a,
Arumugam Nagar, Kadhaparai, Vennaimalai, Karur or by
seizure of the article inside the premises in a hurried
manner without following the principles of natural justice.
For petitioner : Mr.V.Balaji
For Respondents : Mr.A.Kannan,
Additional Government Pleader
ORDER
This writ petition is filed for a writ of mandamus,
directing the respondents to follow the government order in
GO.Ms.No.33, dated 02.03.2016 issued by the
Rural Development and Panchayat Raj (PR-1) Department in
letter and spirit without illegally threatening the
petitioner of facing either lock and seal of the premises
at Sri.Karia Kalimman plastics in NO.228/a, Arumugam Nagar,
Kadhaparai, Vennaimalai, Karur or by seizure of the article
inside the premises.
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WP(MD)No.5162 of 2016
2.The learned Counsel for the petitioner submits that
this petitioner is the owner of the firm Sri.Karia
Kaliamman Plastics. Her husband one Sekar is doing similar
business at Vengamedu, Karur namely Abi Plastics. The
petitioner's husband Sekar availed the services of one
Balakrishnan for cleaning the septic tank and while
executing the work the said Balakrishnan and Sankar Dhyal
died. On the complaint of one Mariappan and the deceased
Balakrishnan wife Chitra, a criminal case was registered
agianst this petitioner's husband on the file of the
Inspector of Police, Vengamedu Police Station, Karur in
Crime No.279 of 2015 for the offence under Section 304(A)(2
counts) and under Section 3(1)(j) and 3(2) (va) of SC/ST
(POA) Act, 2015.
3.The learned Counsel further submits that based on the
complaint of the 4th respondent, the 5th respondent sent a
notice to the petitioner's husband to pay a compensation of
Rs.10 Lakh to the family of the deceased and the petitioner
has also sent a reply on 03.03.2010. Even after the
receipt of the reply, the 4th respondent issued further
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WP(MD)No.5162 of 2016
notice in Na.Ka.No.A4/375/2016 dated 05.03.2016 along with
GO.Ms.No.33 Rural and Panchayat Development and Panchayat
Raj (PR-1) Department dated 02.03.2016 calling upon the
petitioner and her husband to pay a sum of Rs.10 Lakh to
the family of the deceased. As per the said Government
Order, the respondents are not entitle to take any coercive
steps of locking and sealing or seizing the materials
available in the premises. Further the 4th respondent has
taken steps to recover Rs.10 Lakh from this petitioner.
Therefore, this writ petitioner has filed this writ
petition for implementation of the above said government
order, dated 02.03.2016. The learned Counsel further
submits that the criminal case registered in Crime No.279
of 2015 was tried by the learned Principal Sessions Judge,
Karur in SC.No.22 of 2017 and all the accused were
acquitted of the charges by judgment and decree dated
28.11.2017.
4.Per contra, the learned Additional Government Pleader
by referring the counter filed by the 4th respondent submits
that as per Section 7 of the Prohibition of the Employment
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WP(MD)No.5162 of 2016
as Manual Scavengers and their Rehabilitation Act, 2013 no
person, local authority or any agency shall from such date
as the state government as may notify, engage or employ,
either directly or indirectly, any person for hazardous
cleaning of a sewer or a septic tank. In this case, the
petitioner engaged manual scavengers for cleaning the
septic tank in their company premises against the
provisions of the said Act and while executing the work,
two persons died. Therefore, as per the dictum laid down by
the Hon'ble Supreme Court in WP(Civil) No.583 of 2033 dated
27.03.2014 and on the directions of the District
Collector / District Magistrate concerned in letter No.
D2/73/2016, dated 02.02.2016, notice was issued to the
petitioner calling upon her to pay compensation of Rs.10
Lakh to the family of the deceased.
5.The learned Additional Government Pleader further
submits that Section 18 of the Prohibition of the
Employment as Manual Scavengers and their Rehabilitation
Act, 2013, mandates the local authority and the District
Magistrate to implement the Act. Therefore, as per the
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WP(MD)No.5162 of 2016
dictum laid down by the Hon'ble Supreme Court cited above,
the petitioner is liable to pay a sum of Rs.10 Lakh as
compensation to the deceased family.
6.This Court considered the rival submissions and
perused the materials placed on record.
7.The petitioner's husband is running a plastic
company, viz., Abi Plastics and Sri.Karia Kaliammal
Plastics at Karur. He availed the services of one
Balakrishnan and another for cleaning the septic tank in
his company premises. The said Balakrishnan in turn has
contacted one Thirumurthy and availed his service to clean
the septic tank. While cleaning the septic tank, the said
Balakrishnan and Sankar Dhayalan succumbed to death.
Therefore, a criminal case was registered as against the
petitioner's husband and two others, by the Inspector of
Police in Crime No.279 of 2015 and the case in SC.No.22 of
2017 ended in acquittal. The Hon'ble Supreme Court in
WP(C)No.583 of 2003 cited supra by order dated 27.03.2014
directed the authorities to identify the families of the
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WP(MD)No.5162 of 2016
persons, who have died in sewerage works (manhole, septic
tanks) since 1993 and to award a sum of Rs.10 Lakh
compensation for each such a death of the family members
depending upon them. Subsequent to the directions, the
Director of Rural Development and Panchayat Raj has made a
proposal to the Government with regard to the Rural areas
and for authorising all the District Collectors to draw and
disburse the ex-gratia amount of Rs.3 Lakh each to the
dependent from the general fund of the rural, local bodies.
The said proposal was accepted by the Government and orders
were issued directing the District Collector for taking
necessary action for implementing the orders by following
the due procedure including verification of legalheirship.
By referring this Government order this writ petition is
filed.
8.Admittedly two persons died while cleaning the septic
tank in the petitioner's husband's company namely Abi
Plastics. As per the above cited orders of the Hon'ble
Supreme Court, the local bodies are liable to pay a sum of
Rs.10 Lakh as compensation to the victim's family.
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WP(MD)No.5162 of 2016
9.The 4th respondent in executing the above direction of
the Hon'ble Supreme Court, issued notice to the petitioner,
which made this petitioner to file this writ petition by
referring the said government order in GO.Ms.No.33.
As pointed out, the Director of Rural Development and
Panchayat Raj has made a proposal to disburse Rs.3 Lakh
each to the victim's family and has authorised the District
Collector to draw and disburse the ex-gratia amount of
Rs.3 lakh each to the dependant of the such victims and the
said proposal was accepted by the Government. The
petitioner cannot take advantage of the said government
order. That Government order has been passed for the
families who have not been paid compensation prior to the
orders of the Hon'ble Supreme Court in WP(Civil)No.583 of
2003 dated 27.03.2014.
10.Considering the issue involved in this writ
petition, this writ petition is disposed of with a
direction to the 1st respondent to disburse the compensation
as directed by the Hon'ble Supreme Court in WP(Civil)No.583
of 2003, dated 17.03.2014, to the families of the deceased
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WP(MD)No.5162 of 2016
within a period of eight weeks from the date of receipt of
a copy of this order. The government may pay compensation
to them and recover the same from the petitioner and her
husband. The petitioner is at liberty to establish her case
before the competent authority that she is not liable to
pay any compensation. No costs. Consequently connected
miscellaneous petition is also dismissed.
02.03.2023
dsk
To
1.The District Collector,
Collectorate,
Thanthonimalai Post,
Karur.
2.Revenue Divisional Officer,
Karur.
3.The Additional Director of Panchayat,
Office of the Collectorate,
Karur.
4.The Block Development Officer,
Village Panchayats,
Karur Panchayat Union,
Vennaimalai, Karur.
5.The President,
Kathaparai Panchayat,
Vennaimalai, Karur.
https://www.mhc.tn.gov.in/judis
WP(MD)No.5162 of 2016
B.PUGALENDHI, J.
dsk
WP(MD)No.5162 of 2016
02.03.2023
https://www.mhc.tn.gov.in/judis
