BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.ANAND VENKATESH, J.
Jeyarani - Petitioner
Vs.
The Chief Secretary/The Chief Minister Special Cell, Government of Tamil Nadu, Fort St. George, Chennai - Respondent
W.P.(MD).No.12456 of 2019 and W.M.P.(MD).No.9288 of 2019
Decided On : 02-07-2021
Constitution of India,1950 - Article 226 - Indian Penal Code, 1860 - Section 286, 338 - Indian Explosives Act, 1884 - Burn injuries - Illegal fire crackers - Seeking for compensation - Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing respondents 1 to 6 to pay compensation and to take necessary action against respondents 7 & 8, based on petitioner's representation within a time frame fixed by Court - Whether such cases involving illegal fire crackers are ultimately taken to its logical end - Held, Court are living in an era where short memory is order of day - District is no exception to Court norm and every time a huge fire accident takes place in an illegal fire cracker unit compensation is paid to deceased and injured and everybody forgets it - Court petitioner's son is almost half dead and he is lying in vegetative state and he is taken care by his parent - Court has to give an expanded meaning for purpose behind granting compensation from Chief Minister's Relief Fund - Petitioner is very poor and she will not be able to sustain with medical treatment unless Government comes to her rescue - Court deems it fit to fix a compensation of payable by first respondent from Chief Minister's Relief Fund to petitioner - Payment shall be made within a period of six weeks from date of receipt of a copy of Court order - Court is based on peculiar facts of present case where Court found that there was no serious dispute in manner in which petitioner's son sustained grevious injuries - Writ Petition allowed.
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to pay the compensation and to take necessary action against the respondents 7 & 8, based on petitioner's representation, dated 10.04.2019, within a time frame fixed by this Court.
This writ petition has been filed for the issue of writ of Mandamus directing the respondents to pay compensation to the petitioner based on the representation made by the petitioner, on 10.04.2019.
2. The case of the petitioner is that her son Pandithurai, who was aged about 12 years was studying in 7th standard at Government Higher Secondary School, Uppathur. On 09.11.2018, he was playing with his friends after returning back from School. At that point of time, the explosive substance namely illegal fire crackers that remained strewn in that place exploded. It is alleged by the petitioner that the 7th and 8th respondents were running an illegal cracker unit without obtaining any license or permission. The same resulted in the son of the petitioner sustaining serious burn injuries. It is seen from medical records that the petitioner's son had sustained more than 50% burn injuries. The photographs that have been filed in the typed set of papers shows that there are serious burns over the face, neck, upper torso and the entire lower part of the body.
3. The petitioner had given treatment to her son in atleast four hospitals and the learned counsel for the petitioner submitted that the petitioner has already spent more than Rs.10,00,000/- (Rupees Ten Lakhs only). Additional typed set of papers containing medical bills has been filed to substantiate this claim.
4. The petitioner being a daily coolie in a private Mill and who is earning a monthly income of not even Rs.8,000/-, found it difficult to sustain the medical expenses. Hence, a representation was made to the respondents seeking for compensation. Since the same was not considered, the present writ petition has been filed before this Court, seeking for compensation.
5. The 6th respondent has filed a counter affidavit. The relevant portions in the counter affidavit are extracted hereunder:
6. It is submitted that the Tahsildar, Sattur, in his letter Rc.No.A1/3743/2019, dated 27.08.2019 after conducting detailed enquiry, has sent a detailed report to the sixth respondent, recommending for the grant of relief from Chief Minister's Relief Fund.
7. It is submitted that Tmt.Jayarani, the petitioner is residing at D.No.3/20 North Street, Pudhugramam, Uppathur Post, Sattur Taluk, Virudhunagar District. On 09.11.2018, at about 5.30 p.m. the petitioner sister's son Nithish Kumar, and Bala Ganesh son of Raj, on return from the School, were playing. At that time, they tried to burn the unused crackers materials. A Crackers fire accident was taken place on 09.11.2018. Nithish Kumar, Bala Ganesh were also affected in the Crackers Fire Accident. The petitioner's son Pandithurai was affected too much in the Crackers Fire Accident that took place on 09.11.2018 at 5.30 p.m. The petitioner has stated that so far, she has spent Rs.6,00,000/- for the Medical Expenses of his son Pandithurai. Still she requires Rs.2,00,000/- for the Medical Expenses of his son. Hence, she has requested to grant Rs.10,00,000/- from the Chief Minister's Relief Fund, for the Medical expenses of her son Pandithurai, who was affected in the Crackers Fire Accident which took place on 09.11.2018 at 5.30 p.m.
8. It is submitted that the petitioner's husband is working as a Agricultural Labour. The petitioner has got two sons by name Raja Sekar and Pandithurai, and one female child by name Gayathiri. It is reported that All the three children are school going students. The petitioner belongs to Hindu Parayar Community. Her fam
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