The main legal point established in the judgment is the obligation of the State and the responsible party to pay compensation for negligent death, based on the duty to provide safety measures and exercise a higher degree of care and caution when students are under their custody.

JUDGMENT

(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to take appropriate action against the fourth respondent as well as to pay adequate compensation not less than a sum of Rs.5/- lakhs with interest for the negligent death caused to the petitioner's son namely M.Anandakrishnan within the time limit that may be stipulated by this Court.)

1. The present writ petition has been filed seeking a writ of mandamus directing the first respondent to initiate proper action as against the fourth respondent and to pay adequate compensation not less than Rs.5,00,000/- for the negligent death caused to the petitioner's son.

2. According to the petitioner, her son namely M.Anandhakirshnan at the age of 14 years was studying 8th standard in the fifth respondent School. He was a very bright student not only good in studies, but also in Sports, especially in Athletics. According to the petitioner, her son M.Anandhakrishnan, was an eminent sports boy and he was selected by the fourth respondent to undergo Residential Training for the event of Athletics. The Residential Training was conducted by the fourth respondent to give special training to the selected students from different Schools in the Virudhunagar District. During the Residential Training period, the fourth respondent was supposed to take care of the students by providing food, shelter and safety.

3. The learned counsel for the petitioner had contended that the petitioner's son was taking part in the Residential Training from 01.05.2013 to 15.05.2013 for a period of 15 days. On 07.05.2013 at about 11.00 a.m, the police attached to Solakkarai Police Station has informed that her son died by drowning in the pond situated inside the premises of the fourth respondent's training centre. The postmortem report reveals that the death is caused due to drowning in the water. The police authorities had registered a case in Crime No.183 of 2013 dated 07.05.2013 under Section 174 Cr.P.C, based upon the complaint given by the fourth respondent. However, the police authorities have not invoked various provisions for the willful negligence committed by the fourth respondent.

4. The learned counsel had further contended that around 90 students were taking part in the Residential Training and they were not provided with any of the safety measures and forced to take bath in the said pond situated in the fourth respondent's premises. While taking bath, her son got stuck into the clay and mud of the pond and died due to suffocation. He had further contended that it is the bounden duty of the fourth respondent to take care of the students who were kept in his custody and it is his duty to provide basic amenities while conducting the Training Programme. Due to the shock, the petitioner's husband has also passed away on 20.03.2014. Hence, the present writ petition.

5. The learned Government Advocate appearing for the official respondents had filed a counter admitting the conduct of the Residential Training programme from 01.05.2013 to 15.05.2013 and the participation of the writ petitioner's son in the said programme. According to the fourth respondent, the petitioner's son and another boy by name Alagu Narayanan without getting proper permission of the camp District Sports and Youth Welfare Officer, left the coaching camp and went to the pond in the stadium campus and while taking bath, he slipped down and drowned into the pond. On the information of Alagu Narayanan, the deceased was taken from the pond and sent to Government Hospital, Virudhunagar. Subsequently, it was learnt that without knowing swimming, the deceased went to the pond for taking bath. The fourth respondent had further contended that a financial assistance for a sum of Rs.1,00,000/- has been paid to the writ petitioner on 02.01.2015 from the Chief Minister's Public Relief Fund. The said amount was paid to the mother of the deceased who is the petitioner i