SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Mad) 14619

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY
R. Mahamuni – Appellant
Versus
State of Tamil Nadu Rep. by – Respondent



BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 20.02.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY R.Mahamuni ... Petitioner Vs

1.State of Tamil Nadu, represented by its Chief Secretary, Fort St.George, Chennai, Tamil Nadu-600 009.

2.The District Collector, District Collector Office, Tiruchirappalli District.

3.The Tahsildar, Thottiyam.

4.The Block Development Officer, Thottiyam, Tiruchirappalli District. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent Nos.2 to 4 to disburse the compensation of Rs.20,00,000/- (Rupees Twenty Lakhs only) to the petitioner and his family members for the death of the petitioner's wife Nirmala, due to the fell down roadside tree upon his wife by considering his representation dated 10.01.2026 within the time stipulated by this Court.

For Petitioner : Mr.D.Venkatachalam For Respondents : Mrs.K.Malathi, Additional Government Pleader

ORDER

This Writ Petition has been filed seeking a direction to respondent Nos.2 to 4 to disburse a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) as compensation to the petitioner and his family members for the death of the petitioner’s wife, Nirmala, who died due to a roadside tree branch falling on her, by considering his representation dated

10.01.2026, within a time frame to be fixed by this Court.

2. The learned counsel appearing for the petitioner would submit that on 05.12.2025, when the petitioner’s wife was walking on the side of the road near Aranganoor Colony Bus Stop, a branch of a tamarind tree suddenly fell on her, resulting in her instantaneous death. He would further submit that it is the duty of the respondents to properly maintain the roadside trees so as to prevent such hazards. However, due to their failure to maintain the trees, the unfortunate incident occurred. The petitioner submitted a representation dated 10.01.2026 seeking compensation. Since no action has been taken till date, the present Writ Petition has been filed.

3. The learned Additional Government Pleader appearing for the respondents would submit that there is no specific procedure available for considering such a claim and, therefore, they are not in a position to process the request, taking into account the nature and gravity of the incident.

4. Considering the above submissions, it is seen that the petitioner’s wife was eking out her livelihood as a vegetable vendor. The materials on record indicate that the death was not due to any fault on the part of the deceased. It is the responsibility of the authorities concerned to maintain the roadside trees properly to prevent such untoward incidents. In the present case, it is not in dispute that a branch of a tamarind tree fell on the deceased and caused her death. There was no adverse weather condition such as heavy wind at the relevant time. Therefore, this Court finds negligence on the part of the authority responsible for maintaining the road and the roadside trees. It is brought to the notice of this Court that the State has paid a sum of Rs.15,00,000/-

as emergency relief in terms of G.O.(Ms).No.79, issued by the Revenue and Disaster management Department.

5. Taking into consideration the facts and circumstances of the case, particularly that the death of the petitioner’s wife was sudden and not invited by any act of the deceased, and that there is no dispute with regard to the cause of death, this Court is inclined to grant compensation.

6. Accordingly, this Court directs the first and second respondents to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the petitioner within a period of two months from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition stands disposed of.

No costs.

20.02.2026 TSG Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No To

1.The Chief Secretary, State of Tamil Nadu, Fort St.George, Chennai, Tamil Nadu-600 009.

2.The District Co

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top