( 1 ) W. P. No, 2705 of 1999 has been filed for issuing a writ of certiorarified mandamus calling for the records relating to the order of the 2nd respondent passed in G. O. Ms. No. 1834 (Law and order P) Department, dated 6-11-1998 and quash the same in so far as the fixation of the compensation to the tune of Rs. 2 lakhs only and directing the respondents to sanction and pay a sum of Rs. 1. 84,42,775/- as ascertained by the Enquiry Commission headed by Thiru v. K. Thirunavukarasu, District Judge in his report dated 25-6-1997 forthwith with interest. W. P. No. 6163 of 1999 has been filed for issuing a writ of certiorarified mandamus calling for the records relating to the order of the 2nd respondent passed in G. O. Ms. No. 1834 (Law and Order P) Department, dated 6-11-1998 and quash the same in so far as it restricts the compensation to Rs. 2 lakhs only and directing the respondents to pay a sum of rs. 85,74,000/- to the first petitioner as compensation as recommended by the One Man commission headed by in its report dated 25-6-1997 forthwith with interest. W. P. No. 10146 of 1999 has been filed for issuing a writ of mandamus directing the respondents to pay Rs. 70,00,000/- as damages to the petitioner for the loss sustained by the petitioners during the mob violence and riot which took place on 10-5-1996 at Tuticorin.

( 2 ) BEFORE considering the question referred, a brief narration of the facts as culled out from the order passed by the learned single judge is called for. On the eve of the Assembly Elections, there was a communal clash in Thoothukudi town on 9-5-1996 between Baradhavar (Fernando)and Nadar communities, which continued unabated for a few days. On 11-5-1996, there was a police firing, resulting in the death of few persons. During such rioting, large scale of arson and looting took place, resulting in damages to properties to several persons belonging to the two groups. Thereafter, the people belonging to business class of Tuticorin shut down their shops from 16-5-1996 demanding adequate police protection and payment of compensation to those who had sustained loss due to such communal clash. At that stage, the Government of Tamil Nadu in exercise of the powers conferred under S. 3 (1)of the Commissions of Inquiry Act, 1952, constituted a Commission of Inquiry headed by a District Judge. The terms of reference were as follows :- (i) To inquire into and report the cases and circumstances that led to the clashes between two communities in Thoothukudi from 10-5-1996 and subsequent occurrences of law and orders disturbances. (ii) To inquire into and report the causes and circumstances that led to the opening of fire by the Police on 11-5-1996, and as to whether the Police firing is justified. (iii) To inquire into and to identify the victims who sustained injuries and also the persons, who actually suffered loss or damages to property, business establishment, etc. , in the above mentioned violent incidents and to assess the extent of damages and to suggest the quarrtum of compensation to be paid to the victims. (iv) To recommend suitable measures to prevent such occurrences in future and also to suggest measures to maintain communal harmony and lasting peace. " the Commission in its report recommended for payment of compensation in respect of 186 claims. The Government by g. O. . MS. No. SS. II/495-5/97 Public Department dated (sic) 17-10-1997 "accepted the report of the Commission on principle" and forwarded the report to the respective departments for examination, particularly with regard to payment of compensation as suggested by the Commission. Subsequently, the Government in G. O. Ms. No. 1834 (Law and Order P)Department dated 6-11-1998, sanctioned compensation to 186 persons equal to the quantum of loss sustained by the claimants or Rs. 2 lakhs each, whichever is less. The petitioners in various writ petitions, whose loss were assessed by the Commission at much more than Rs. 2 lakhs, refused