BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2023 CORAM THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P. (MD).No.3736 of 2021 and W.M.P(MD)No.2997 of 2021 Mookkayi ... Petitioner Vs

1. The District Collector, Karur District, Karur.

2. The Revenue Divisional Officer, Karur, Karur District.

3. The Inspector of Police, Thogamalai Police Station, Karur District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ Mandamus, directing the 1^st respondent to provide compensation amount of Rs.25,00,000/- and provide education to her grand-son in a good standard school by considering her representation, dated 23.12.2020 within a stipulated time as fixed by this Court.

For Petitioner : Mr.G.D. Manikandan For Respondents : Ms.D.Farjana Ghoushia(R1,R2)

Special Government Pleader Mr.R.Sivakumar (R3)

Government Advocate(Crl.Side)

O R D E R

When the matter was came up for hearing on 31.03.2023, this Court has passed the following order:

“This writ petition espouses the cause of a young child, now aged about 12 years, who had lost his father in an unfortunate accident during the Jallikattu festival on 16.01.2018.

2.The petitioner, who has approached this Court, is the paternal grandmother of the young child. The petitioner and her grandson belong to the downtrodden community of Hindu Sakkilian Community, which is categorized as Scheduled Caste Community. The petitioner has not only lost her son but also her husband and she is now taking care of the child by doing coolie work. The young child has not only lost his father but also his mother, who after giving 1 birth to the child, had left her matrimonial home and has not been heard of thereafter. It was the petitioner's son, who has taken care of the child. 3.It is the case of the petitioner that on 16.01.2018, her son, Thangaraj had gone to watch the Jallikattu event at R.D.Malai, Kulithalai Taluk, Karur District. The said Thangaraj was standing inside the gallery meant for the spectators near the Bulls exiting place. At that time, a Bull charged out of the arena into the crowd and gored her son on his stomach. He sustained serious blood injuries and since adequate medical facility and Ambulance were not arranged at the spot of the Jallikattu event, he had to be taken to a private hospital through a private Ambulance, which took considerable time. He was given first-aid at the private hospital and thereafter transferred to the Government Hospital, Trichy, where he succumbed to his injuries on 21.01.2018.

4.The petitioner would further submit that both she and her grandson have become orphans and in order to maintain the family, she was forced to undertake coolie work. She would attribute the accident to the negligence demonstrated by the authorities in not ensuring that proper medical facilities were kept on hand and further that adequate safeguards had not been provided for the viewers. She would submit that it is the duty of the Government not only to maintain the law and order but also to protect the life and properties of its citizens. Therefore, she had submitted a representation through proper channel to the first respondent putting forth her agony and requesting for adequate compensation so as to enable her to bring up her grandson.

5.She would also submit that in order to meet the ends, she had borrowed money from the local money lenders, who are now harassing her for the return of money. She had sought for compensation of Rs.25,00,000/- for providing education to her grandson in a good school.

6.A status report has been filed by the third respondent. In paragraph No.4, they have admitted to the fact that the petitioner's son having been gored to death while watching the Jallikattu event. They have also admitted that he was rushed to the private hospital which would speak volumes about the medical preparedness at the place, where the event is held.

7.In the light of the above, the first respondent is directed to dep