JUDGMENT :

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) as compensation to the petitioner for the death of the first petitioner's husband Mathialagan.)

1. The relief sought for in the present writ petition is to direct the respondents to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) as compensation to the petitioners for the death of the first petitioner's husband Mathialagan.

2. The first petitioner is the wife of the deceased Mathialagan and the second petitioner is the son, the third and fourth petitioners are deceased parents. On 12.12.2013 at about 10.00 A.M., when the husband of the first petitioner was driving a two wheeler bearing Registration No.TN 09 BM 9544 along with his friend Mr.Kumar on their return from Sivavishnu temple at South Usman Road, T.Nagar, after worshipping, to his house. Due to heavy blow of wind, the iron barricade in the middle of the road fell and stabbed on stomach of the husband of the first petitioner and the deceased got severe wound in the liver and subsequently he died.

3. The learned counsel for the petitioners states that the negligence committed by the Authorities in placing such iron barricades on the middle of the road, more specifically, during heavy wind blow, caused the death of the husband of the first petitioner and therefore, the State is liable to pay compensation. But it was the negligence on the part of the Police Authorities, who were on duty and they have never made any attempt to remove the iron barricades placed on the middle of the road and therefore, the respondents are liable to pay compensation to the petitioners.

4. The deceased was the sole breadwinner of the family and on account of the sudden death of the husband of the first petitioner, the family was in penurious circumstances and they are not in a position to lead the livelihood. Thus, the petitioners are constrained to move the present writ petition.

5. The counter filed by the respondents reveals that the iron barricade was kept on the middle of the road. However, the respondents denied by stating that the two wheeler riders have to ride the two wheelers only at the left but while riding the two wheeler, the deceased ride the two wheeler in the centre portion of the road and committed the negligence and rash riding, the deceased fell himself along with the two wheeler on the road and hit the barricade placed on the middle of the road.

6. The respondents have stated that the iron barricades are made up with quality irons and 4-1/3 feet height, 6 feet length and 30 kgs of weight. The said barricades are being used only to regulate the traffic and to give free flow of traffic during peak hours. The Traffic Policemen are taking appropriate action to maintain the barricades properly in the interest of general public. Unfortunately, due to heavy wind, the barricade fell down in the South Usman Road and at the same time, the deceased hit the barricade and sustained injuries. Such a statement is self-contradictory in view of the fact that during heavy wind blow, no one can expect the two wheeler to ride the same towards left end of the road.

7. Therefore, this Court is of an opinion that the Authorities have committed an act of negligence by not removing the iron barricades, more specifically, when there was a heavy wind blow during the particular point of time. The issues raised regarding death in public places due to accidents are elaborately considered by this Court in WP No.8385 of 2015 etc. Batch of cases, and the judgment was delivered on 29.10.2021, wherein this court in paragraphs 13 to 23, observed as under:-

"13. The Executives of the State play the pivotal role in maintenance of infrastructures in public places. The State has to ensure that such public infrastructure facilities are maintained up to the standards, so as to avoid such accidents