ORDER :

Prayer: W.P. No. 4711 of 2019: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to take action on the communication dated 06.06.2018 under Rc. No. 3665/MM11/2018 sent by the third respondent to the fourth respondent, based on the petitioners representation dated 09.04.2018 and to compensate the petitioners by paying a sum of Rs. 25 lakhs to them for the negligence of the respondents, which had resulted in the death of their son R. Gideon on 15.05.2017 by drowning in the Government quarry situated in Pallikuppam Village, Anaikut Taluk, Vellore District.

W.P. No. 4717 of 2019: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to take action on the communication dated 22.06.2018 under Rc. No. 3793/MM11/2018 sent by the third respondent to the fourth respondent, based on the petitioners representation dated 09.04.2018 and to compensate the petitioners by paying a sum of Rs. 25 lakhs to them for the negligence of the respondents, which had resulted in the death of their son B. Moses on 15.05.2017 by drowning in the Government quarry situated in Pallikuppam Village, Anaikut Taluk, Vellore District.

1. The petitioners in these two writ petitions are parents of the deceased R. Gideon and S. Moses, aged 15 and 17 respectively, who have died due to drowning on 15.05.2017 in the abandoned Government quarry situated in Pallikuppam Village, Anaicut Taluk, Vellore District. These writ petitions are filed by the petitioners praying to direct the respondents to pay a sum of Rs. 25 lakhs each as compensation for the death of their sons on the ground that their death had occasioned due to negligence and carelessness on the part of the respondents in maintaining the quarry with minimum safeguards and/or protection.

2. The facts leading to the filing of these two writ petitions are not in dispute. On the fateful day of 15.05.2017, the sons of the petitioners along with their friends have gone to the abandoned Government quarry situated in Pallikuppam Village, Anaicut Taluk, Vellore District to take a bath. Little did they realise that it would cost them their life on that day. It is stated that the sons of the petitioners drowned and their bodies could not be retrieved for a long time. When intimation was given to the Fire and Rescue Service Personnel, they made an attempt to fish out the bodies, but it went in vain. Subsequently, the National Disaster Management Team reached the spot and after a herculean search, the bodies of the sons of the petitioners could be retrieved from the abandoned stone quarry. In connection with the death of the sons of the petitioners, a case in Crime No. 206 of 2017 was registered for the offence under Section 174 of the Code of Criminal Procedure on the same day namely 15.05.2017. Subsequently, the Government, vide G.O. (1D) dated 548, Revenue and Disaster Management Department has disbursed a sum of Rs. 50,000/- as solatium to the respective petitioners and it was also received by the petitioners on 10.07.2019. These facts are not in dispute and they are admitted by the respondents in this case.

3. The learned counsel for the petitioners would vehemently contend that the respondents are vicariously liable for the death of the sons of the petitioners, due to drowning. According to the learned counsel for the petitioners, the land in Survey Number 277/1 (Part) where the abandoned lake exists, was originally leased out to a company called Hi-tech Rock Products and Aggregates Limited for three years from 18.07.2011 to 17.07.2014. During the subsistence of lease, the aforesaid company has excavated the land deeply. However, after the lease period expired, the company had abandoned the leased land without erecting any fence, sign board or caution board to wean away the villagers from venturing into the quarrying site. During rainy season, water got colle