SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(Mad) 1461

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
KRISHNAN RAMASAMY, J.
Sindhu – Appellant
Versus
Principal Secretary, Hindu Religious and Charitable Endowments Department and Ors. – Respondent
W.P. (MD) No. 16258 of 2020
Decided On : 11-01-2021

Advocates:
Advocate Appeared:
For the Appellant :A. Rahul, Advocate
For the Respondents:K.P. Narayanakumar, Special Government Pleader and R. Murali, Advocate for K. Govindarajan, Advocate

Headnote:

Writ Petition - Writ of Mandamus directing the respondents to provide a job to her based on her educational qualifications within a stipulated time for the grave physical injuries, mental injury, emotional sufferings, and permanent disability caused by the fourth respondent's temple elephant - Though the petitioner had taken treatment in many hospitals, all the doctors, after thorough examination, had opined that surgery will not be possible, since the same would pose a serious risk on the petitioner's life - Whether the injuries sustained by the Petitioner is due to the attack by the Elephant or not - whether the petitioner is entitled for compassionate appointment - Whether the equitable/inherent jurisdiction of this Court under Art. 226 of the Constitution can be exercised to grant compensation to the petitioner – Held, It is the basic expectation of every human being to live a healthy and active life. If such expectation is breached due to the negligence of the State or its agencies, then it becomes an obligation of the State to do the needful for restitution of the person who has suffered due to the negligence of his servants. This is the reason why this Court exercises its equitable/inherent jurisdiction conferred under Article 226 of The Constitution of Indian in appropriate cases by granting compensation and thereby come to the rescue of persons whose right to life has been impaired or affected due to the negligence of the State or its instrumentalities - Taking into consideration of the loss of marital prospects, sufferings that she has been undergoing from day-to-day life, the poor financial status of her father, and unpredictability of the problem that she is going to face in the future with the existing disabilities it would be appropriate to employ her on compassionate ground in the Hindu Religious and Charitable Endowments Department, as the same would help the petitioner to improve her financial status, marital prospects, living style, mental strength and reduce her mental agony and other sufferings to some extent -

ORDER :

Krishnan Ramasamy, J.

1. The present Writ Petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the respondents to provide a job to her based on her educational qualifications within a stipulated time for the grave physical injuries, mental injury, emotional sufferings, and permanent disability caused by the fourth respondent's temple elephant.

2. With the consent of counsel on either side, this Writ Petition has been taken up for final disposal.

3. Brief facts of the case:-

    (i) When the petitioner was around three years old, on 03.10.1999, she visited Arulmigu Samayapuram Mariyamman Temple along with her father L. Rajendran, mother Kalaivani, brother Sivaraman and uncle Subramaniam to worship the Goddess Samayapuram Mariyamman. When they were returning from the Sanctum Sanctorum after worship, inside the temple, a belligerent temple elephant had become highly aggressive and all the devotees had started running helter-skelter to protect themselves. At the time, the temple elephant had attacked the petitioner and her mother with its tusk, as the result, both fell on the floor and thereby the petitioner had sustained severe injuries on her throat. Due to such attack, the petitioner suffered bleeding injuries on her neck and she screamed due to excruciating pain.

(ii) After this horrific incident and the traumatic injuries on her throat, she and her mother were admitted to Sea Horse Hospital, Trichy. The Doctors, on examination, named the injury suffered by the petitioner as "Laryngol Pharyngeal Traumatic Injury". The doctors had informed her father that the petitioner's windpipe and food pipe were completely damaged. The petitioner had taken treatment there for quite some time and thereafter, she was admitted in various hospitals such as Vellore Christian Medical Hospital, Apollo Hospital, Chennai, Rajiv Gandhi Government General Hospital, Chennai, KKR ENT Hospital, Chennai, Medical College Hospital Thanjavur and Madurai Rajaji Government Hospital, on different occasions.

(iii) Though the petitioner had taken treatment in many hospitals, all the doctors, after thorough examination, had opined that surgery will not be possible, since the same would pose a serious risk on the petitioner's life.

(iv) Due to the reason of fragmentation of the food pipe (Oesophagus) and the windpipe (Trachea) of the petitioner, she could not breathe normally. But she has been breathing through an artificial tracheal tube inserted in her throat by way of medical surgery. The petitioner could not take solid food except the liquid food. She had lost her speech as well.

(v) On 07.10.1999, the petitioner's father lodged a police complaint at Samayapuram Police Station, based on which, the First Information Report has also been filed in Crime No. 451 of 1999, relating to the incident that had taken place when the petitioner along with her family members were returning from the Sanctum Sanctorum, inside the Temple and the injuries sustained by the petitioner and her mother.

(vi) On 09.10.1999, a news item was published wherein it was stated that due to the attack of the elephant by its tusk, the throat of a child was damaged on 03.10.1999. In the said news clippings, a photograph of the child along with her father and mother, when she was taking treatment in the hospital had also been published.

(vii) On 10.10.1999, a news item was also published in a newspaper along with the photograph of the child and the Collector of Trichy District, who visited the hospital to enquire about the child's health.

(viii) On 29.06.2013, a news item was published in a newspaper wherein the sufferings of the petitioner was narrated for the past 14 years.

(ix) In the discharge summary issued by Christian Medical College Hospital, Vellore, it has been stated that in the final diagnosis as "follow up an elephant hit, injury neck with the status of esophagostomy, tracheostomy". In the history, it has been stated that 'this child was admitted here one mo

              Click Here to Read the rest of this document
              1
              2
              3
              4
              5
              6
              7
              8
              9
              10
              11
              SupremeToday Portrait Ad
              supreme today icon
              logo-black

              An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

              Please visit our Training & Support
              Center or Contact Us for assistance

              qr

              Scan Me!

              India’s Legal research and Law Firm App, Download now!

              For Daily Legal Updates, Join us on :

              whatsapp-icon Back to top