1. The petitioner has sought for a Mandamus, directing St. Little Flower Higher Secondary School, Chinna Salem, Kallakurichi Taluk, Villupuram District, 5th respondent herein, to pay a sum of Rs.5,00,000/- as compensation for the death of his son, Minor P. Suresh, who was in the custody of the 5th respondent-School on 21.12.1999 and award costs.

2. It is the case of the petitioner that his son, P. Suresh, aged about 5 years, was a student of Pre-Primary Class in St. Little Flower Higher Secondary School, Chinna Salem, 5th respondent. His daughter was also a student, in the same School. According to the petitioner, on 21.12.1999 Morning, he dropped his son in the said School and at 1.00 P.M., gave lunch. Around 4.00 P.M., when he went to the School to pick up his children, his daughter alone was there. His son was not found in the School premises. When he enquired the class teacher, Ms. Diana and other teachers, their reply was not satisfactory. Despite a thorough search and enquiry in all the places, his son's whereabouts were not known. Hence, at 8.00 P.M., he lodged a complaint with the Station House Officer, Attur Police Station, Salem District, 3rd respondent. But no receipt was issued.

3. The petitioner has further submitted that on 23.12.1999, his younger brother, Mr. Arumugam and one of his relatives, informed him that a boy's dead body was found in a well, at Ottanparai Village, about 30 Kms., away from Chinna Salem, where the School is situated. Hearing the news, he went to Ottanparai. Before he could reach the place, the Village Administrative Officer, Thulukkanoor Village, has lodged a complaint with Attur Police Station and based on the same, the Station House Officer, Attur Police Station, Attur, Salem District, 4th respondent herein, has registered a case in Cr.No.2787 of 1999, for the offence under Section 174 Cr.P.C. The body of the child was taken to Government Hospital, Attur.

4. The petitioner has further submitted that, as his son was aged 5 years, studying in Pre-Primary class, he could not have travelled alone, to such a long distance, from Chinna Salem to Ottanparai. According to him, further enquiry made with other students, revealed that the child was seen in the school. Probably the death would have taken place, due to the negligence of the 5th respondent-School.

5. The petitioner has further submitted that on 28.12.1999, he met the Deputy Superintendent of Police at Chinna Salem and complained about the inaction of the Police. On her direction, another complaint was lodged with Chinna Salem Police Station, 3rd respondent herein, against the School. Representations to the District Collector, Villupuram, and Hon'ble Chief Minister of Tamil Nadu were also made. There were agitations against the 5th respondent-School, for the death of his minor boy, P.Suresh.

6. The petitioner has further submitted that Crl.O.P.No.12956 of 2000 was filed before this Court, and by an order, dated 21.02.2001, this Court, directed the Police to investigate the case and file a report. On 12.06.2001, the petitioner also sent a petition to the Hon'ble Chief Minister, Chennai; the District Collector, Villupuram; and the Superintendent of Police, Villupuram, to pay compensation of Rs.5,00,000/-, by the 5th respondent-School, for the death of his son. A lawyer's notice was also sent to the 5th respondent-School. But to the petitioner's shock, the 5th respondent sent a reply, stating that his minor son never studied, in the 5th respondent-School.

7. It is the further case of the petitioner that further enquires in the School revealed that there was a open sump, in the School premises and that the boy might have gone there and slipped into the sump and died. But the school authorities have concealed the death. According to the petitioner, the contention of the 5th respondent-School that the minor boy was not admitted to the School is false. The petitioner belongs to the weaker section of the society. Loss of minor boy has caused