1. The Petitioner has preferred the instant Writ of Mandamus praying for passing of an order by this Court in directing the Respondents to grant compensation of Rs.5,00,000/-for the death of his innocent son, which was caused due to the breach of duty, negligence and wrongful act of the officials of the Government.

2. The Resume of Facts:

(i) The Petitioner hails from a poor family background and he has wife and three children. He is working as an agriculture labour for daily wages in and around his village. His only son V.Prasanth, 8 years was studying in 3rd standard at Government Middle School, administered by the 7th Respondent.

(ii) His only son V.Prasanth went to school on 25.03.2009 and had not returned home till evening 5.00 p.m. Therefore, he and other villagers went in search of his missing child and enquired in the school and they were informed by the teachers that they were unaware of his whereabouts. On enquiry with a students, they informed that his son and his friends were available in the class till 12 p.m. and later on, they were not seen. They found the bag of his son inside the class room, with trembled mind and anxiety, they started searching in and around the school, we found the trouser of his son near a pond which is 25 feet away from the school and approximately 22 feet in depth. After that, with suspicion that his son might have slipped inside the pond, they started to search inside the pond where they found the dead body of his son and friend of his son, Master Vignesh. On enquiry, he was told that the class teacher of his son was absent for the day and an in-charge was appointed to take care of the students, the in-charge teacher was also not present in the class and not taking the attendance for the day thus exhibiting her negligence and caused breach of duty.

(iii) The Headmaster of the school without the approval from the higher authorities had arranged a Science Exhibition in the school wherein the students of the different classes are allowed to visit the Exhibition. The teachers of different classes assembled in the Exhibition Hall and got busy in arrangements to commence the Exhibition and failed to attend their duty to take charge of the students in the class rooms, thus attracting their negligence and show causing their breach of duty.

(iv) The 6th Respondent/Assistant Elementary Education Officer, Kattangulathur, after 'Enquiry' about the incident of Petitioner's son's death, had initiated disciplinary proceedings against the said in-charge teacher, from the media report he came to know that the 7th Respondent and two teachers were suspended during that period, which undoubtedly admits that the death of Petitioner's son and his friend were caused due to gross negligence and wrongful act of the school administration. The school management had not fulfilled the basic requirements of the students like Drinking Water, Toilet facilities, Erection of Compound Walls etc. due to non-fulfilment of basic amenities, students are constrained to go outside the school to attend their natural calls, even during the school hours. Like that his son went out of school during working hours of the school to attend his natural calls and while washing the same, he fell down into the pond and these facts were disclosed by his friends.

(v) After the accident, the Village Education Committee conducted a special meeting on 30.03.2009 in the presence of Assistant Elementary Education Officer, Additional Assistant Elementary Officer, Kattankulattur and others. In the said meeting, the Committee passed several resolutions that through the Director of School steps will be taken to construct a Compound Wall, to provide Toilet, the Commissioner would be approached, even during interval students would not be allowed to go outside the school, steps would be taken to get 'Financial Assistance' from the Government for the parents of the victim children and Departmental Proceedings would be initiated against the Headm