Local officials were found negligent and colluding in an unlawful operation that led to a death, resulting in a mandated compensation of Rs.10,00,000 for the aggrieved party.

ORDER

Writ of Mandamus has been filed to direct the respondents 1 to 8 to compensate the petitioner's family for causing death of the petitioner's mother Vijaya due to the negligent, lethargic and irresponsible act of the respondents 5 to 8 further direct the respondents 1 to 4 to take appropriate action against respondents 5 to 8.

2.The petitioner states that they hail from a poor family and a native of Eraiyur Village. The petitioner and his mother were the agricultural coolies and the father of the petitioner died 15 years back from the date of filing of the writ petition. The source of income for the petitioner and their family is agriculture and they have no other source of income. The petitioner got married and living with his wife and mother jointly. The mother of the petitioner used to go for agricultural work everyday. There was a huge problem in the Village with regard to the stray dogs. The District Administration took steps to control the outnumbered population of stray dogs by catching and sterilizing them. The same was opposed by the Animal Welfare Organization during the relevant point of time. The District Administration deputed the said work to the Local Village Panchayat. As such, the respondents 5 and 6 engaged the 8^th respondent who belongs to “Narikuravar Community” to shoot out the stray dogs wandering on the streets.

3.On 25.02.2015 at about 9.30 p.m., the respondents 5 to 7 along with the 8^th respondent shot down the stray dogs in the Village. During that time, the mother of the petitioner was doing her household works. The 8^th respondent randomly shot down the stray dogs without aiming or without any concern, he shoot the mother of the petitioner and she sustained serious injuries in her foot. Immediately, she was taken to the Government Hospital, Perambalur by the respondents 5 to 7 but they have not even disclosed the fact in the Hospital. When the petitioner returned home, he was informed about the incident. The petitioner made an attempt to inform the incident to the respondents 3 and 4 but the respondents 5 to 7 stopped him. Later on, the mother of the petitioner discharged after three days. Subsequently, the mother of the petitioner suffered respiratory problems and she died. The medical report and during the course of postmortem, a small bullet which is used in country gun, more particularly, by the Narikuravar community, was found inside her foot where she sustained injury. The bullet contained some poison which had ultimately taken the life of the mother of the petitioner. When the mother of the petitioner was taken to the Government Hospital by the respondents 5 to 7 on 25.02.2015, the bullet was not removed from the leg of the mother of the petitioner. She was provided with treatment only for the injury and was discharged. The petitioner made an attempt to register a complaint against the respondents 5 to 8 to the Police but he was stopped and threatened by the persons. The police registered a FIR and the same was closed under Section 174 Cr.P.C.. The respondents 5 to 8 agreed to compensate for their act which has not been done till today. The petitioner states that the respondents 3 and 4 are hand-in-glove with the respondents 5 to 7 and they are highly influential persons.

4.The petitioner states that in view of the fact that he is a poor agricultural coolie and the respondents 5 to 8 are powerful persons in the Village and the officials are also colluded with these respondents, he could not able to secure any justice from these persons and therefore, he has chosen to file the present writ petition.

5.The writ petition was filed in the year 2016. The Inspector of Police/3^rd respondent filed a counter affidavit stating that the respondents 5 to 7 engaged one Ramadurai, S/o.R