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M. H. KANIA, KULDIP SINGH
Kumari – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
Kuldip Singh, J.
Special Leave granted.
2. Six years old son of the appellant died as a result of falling in a ten feet deep sewerage tank in the city of Madras. The tank was not covered with a lid and was left open the appellant filed an appeal under Article 226 of the Constitution of India before the Madras High Court seeking a writ in the nature of mandamu directing the respondents to pay Rs. 50,000 as compensation to the appellant. The High Court dismissed the writ petition on the ground that in writ jurisdiction it was not possible to determine as to which of the respondents was negligent in leaving the sewerage tank uncovered.
3. In the facts and circumstances of this case we set aside the High Court judgment and direct the respondent 1, the State of Tamil Nadu shall pay to the appellant a sum of Rs. 50,000 (Rupees fifty thousand) with interest at 12 percent per annum from January 1, 1990 till the date of payment. The amount shall be paid within six weeks from today. It will be open to the State of Tamil Nadu to take appropriate proceedings to claim the said amount or any part thereof from any of the respondents or any other authority which might be responsible for keepin
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