Writ petition challenging police investigation and college negligence regarding a student's drowning death. Court found investigation thorough, death was accidental drowning while swimming on holiday, and dismissed petition.
Writ petition is dismissed. No costs. Connected miscellaneous petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.10.2017
CORAM :
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.31871 of 2012 & M.P.No.1 of 2012
G.Palani ...Petitioner
The petitioner has filed this petition praying to direct the respondents to transfer the investigation to any other agency in Crime No.306 of 2012 on the file of the Inspector of Police, Perundurai.
properly conducted and that the police have acted with mala-fide intention. The police did not report to the Tahsildar immediately in respect of the suspicious death of the petitioner's son. The College authorities failed to protect the petitioner's son, as he was in the hostel accommodation and in the custody of the college. According to the petitioner, since serious crime has been committed, the police ought to have registered FIR under Sections 304 (A), 304 (ii), 34 and 366 of IPC and the police have failed to register the case. Since there is inaction on the part of the respondents 12 and 13, they have to pay a compensation of Rs.20,00,000/- for their negligence.
doctrine of "Volenti Non-fit Injuria".
clear that the proper investigation has been done by the police, students have been examined and the death has occurred on account of drowning and the father of the petitioner has also not stated that he has already approached the Court and his plea was refuted. The above facts clearly show that the the petitioner wanted further investigation with regard to the death of his son. The students have gone out of the College without informing the Warden or anyone, as 10.04.2012 was declared as holiday on account of Bannari Amman Temple Festival. In this case, due investigation has been done, eye witnesses have spoken that the deceased along with others have gone to LBP Canal for swimming knowing the caution. The petitioner's son does not know swimming, which fact was confirmed by the petitioner and he succumbed to death by drowning for which none of the respondents can be blamed. I find that there is no substance in the contention of the petitioner, and the same does not warrant any interference by this Court and the relief sought for by the petitioner is liable to be rejected.
sd/Assistant Registrar
True Copy
Sub Assistant Registrar
pvs
To
W.P.No.31871 of 2012
& M.P.No.1 of 2012
SV [CO] RR 20/11/2017
2 issues framed by the court
Whether the police investigation into the death of a college student was mala fide and required transfer to another agency.
Whether the death of the deceased student occurred due to negligence of the college authorities or was a voluntary act resulting in drowning.
G. Palani
Chief Secretary of Tamil Nadu Government
Director General of Police
Inspector of Police, Perundurai
Vice Chancelor, Anna University
Hostel Warden, Kongu Engineering College
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
