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1997 Supreme(Mad) 69

P.SATHASIVAM
K. Samikkanu – Appellant
Versus
Union of India and Another – Respondent


Advocates:
V. Dhanapalan, N.A.K. Sharma, K. Mahesh No. 2.

Judgment :

The prayer in the writ petition reads as follows :-

"to issue a writ of mandamus or order or direction in the nature of a writ directing the respondent-Corporation to pay adequate and fair compensation for the loss of the life of the petitioners son."

.2. The case of the petitioner as seen from the affidavit is briefly stated hereunder :-

.The second respondent viz., Neyveli Lignite Corporation Limited is in the mining operation with giant escalator at Second Mines Site. A brick-wall was discovered inside the mine and it was thought that it could be an ancient cave. After hearing the news, the public in the surrounding area were anxious to see the ancient cave. It is averred that there is no fencing or notification cautioning the people on the imminent danger for public. The people, unmindful of the extreme danger, were visiting the structure in large number. The petitioners son S. Muthukumaran, aged about 13 years who was studying in VIII Standard at Neyveli Lignite Corporation Higher Secondary School, Mandarakuppam, Neyveli, went to the site along with one Balaji, aged about 17 years, a neighbour to him at about 4 p.m. on 22-6-1990. As soon as they reached the site al

















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