A.S.Venkatachalamoorthy, J.: The daughter of the respondent, late Miss.R.Suchithra, joined the Thanjavur Medical College and she was a hosteler at the Ladies Hostel known as ‘Cauvery’, run by the said College. Late Suchithra was allotted a room and she was in occupation of the same along with another student by name Miss.Nivedita. She was doing her final year in 1990-1991. On the fateful day, that was on 6.11.1990, at about 3 a.m., her room-mate Nivedita went to bathroom, of course, leaving the door open. Some miscreants attacked Nivedita in the bathroom and thereafter, they entered Room No.28, where Suchitra was sleeping. After attacking her, they left, taking away two gold bangles belonging to her and a gold chain, belonging to Nivedita. Suchithra succumbed to the injuries, of course, after a few days, that was on 13.11.1990, while Nivedita and another girl, who sustained injuries, luckily survived. The case was originally investigated by the local police and, thereafter, transferred to C.I.D. (Crimes), Madras. In spite of the investigation by the said Special Police, nothing has been detected.

2. The respondent/writ petitioner, contending that the appellants are guilty of negligence and that they are liable to pay compensation, filed Writ Petition No.20211 of 1993, praying the Court to issue a writ of mandamus, directing the respondents (appellants herein) to pay to the petitioner a sum of Rs.10,00,000 legally due and payable by them as compensation for the death of her daughter that had occurred on 13.11.1990 due to the lack of security at the Hostel and the negligence of the respondents and further directing them to expedite the investigation and bring the actual culprits to book.

3. In the affidavit filed in support of the writ petition, the respondent/writ petitioner pleaded that coming from a middle class family, she had spent a huge amount in educating her daughter with fond hopes that she would eventually emerge as a fully qualified Doctor with bright future. She had implicitly trusted the appellants with the safety of the child. The appellants, refused to pay heed to the repeated requests of the students asking for enhancement of the security, in spite of collecting the fees and other charges. A further plea has also been raised that the appellants are guilty of total negligence in not providing adequate security arrangements. According to the respondent, in the facts and circumstances of the case, she must be paid at least a sum of Rs.10,00,000 by way of compensation for the death of her daughter, which occurred on 13.11.1990.

4. The Deputy Secretary to Government, Health and Family Welfare Department, Government of Tamil Nadu, filed a counter affidavit, contending that the miscreants entered the room of Miss.Suchithra since it was found open and, had she locked the room from inside, as soon as her room-mate Nivedita left the room, the tragedy would not have happened. Ever since 1962, when the hostels were started, there has been no such complaint of trespassing or even petty thefts occurring in the hostels. A watchman is posted to every hostel and they are on duty round the clock. Hence, it could not be concluded that there was security lapse, which caused the tragedy and that this had happened not due to the carelessness and negligence on the part of the appellants. On the other hand, the occurrence took place only because of the negligence on the part of the deceased and her room-mate Nivedita. However, at the request of the students, the security arrangements have been further tightened. In fact, adequate security arrangements have been provided even though no amount was collected separately, while collecting college fees and hostels fees, towards security charges. The appellants herein, in the counter affidavit filed, prayed for dismissal of the writ petition.

5. The learned single Judge found that the occurrence took place due to the negligence and carelessness on the part of the authorities, particularly the h

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