Disposed

P. Kotteeswari v. The Union of India

Madras HC13 Mar 2024WP/3001/2018

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed to prevent accidental drowning deaths in Tamil Nadu's water bodies. The Court directed authorities to install warning signs, engage rescue experts, and enhance safety measures in tanks, rivers, beaches, and temple water bodies, noting expanded scope to include temple areas.

What did the court decide?

Directions issued to respondents to put up danger signs, engage rescue experts and security guards, and establish emergency operating centres to prevent accidental drowning in water bodies.

P. Kotteeswari Vs The Union of India — Constitutional and Fundamental Rights | Madras HC (2024)

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W.P.No.3001 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 13.03.2024

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CORAM :

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THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

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AND

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THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.3001 of 2018

P.Kotteeswari

.. Petitioner

1.The Union of India, Ministry of Water Resources, No.626, Shram Shakti Bhavan, Rafi Marg, New Delhi-110 001.

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2.The Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110 001.

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3.The State of Tamilnadu, rep. by its Secretary, Public Works Department, Secretariat, Chennai-600 009.

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4.The State of Tamilnadu, rep. by its Secretary, Department of Urban Development, Secretariat, Chennai-600 009.

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W.P.No.3001 of 2018

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5.The State of Tamilnadu,

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rep. by its Secretary, Department of Rural Development, Secretariat, Chennai-600 009.

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6.The State of Tamilnadu, rep. by its Commissioner, Hindu Religious and Charitable Endowment Dept., 119, Uthamar Gandhi Road, Tirumurthy Nagar, Nungambakkam, Chennai-600 006.

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.. Respondents

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Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to prevent the accidental death of drowning in the water bodies in the State by taking all necessary steps of the water bodies like Tanks, Ponds, Creeks, Rivers, Beaches, Swimming pools and by putting up the danger signs at several places and at the vantage points about the depth of water bodies concerned with history of death.

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For the Petitioner : Mr.C.Kanagaraj

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For the Respondents : Mr.G.Ilangovan for respondents 1 and 2

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: Mr.A.Edwin Prabakar State Government Pleader for respondents 3 to 5

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: Mr.N.R.R.Arun Natarajan Spl. Govt. Pleader (HR&CE) for respondent No.6

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W.P.No.3001 of 2018

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ORDER

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(Order of the court was made by the Hon'ble Chief Justice)

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We have heard Mr.C.Kanagaraj, learned counsel for the petitioner; Mr.G.Ilangovan, learned counsel for respondents 1 and 2; Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 3 to 5; and, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondent No.6.

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The present writ petition is filed seeking directions against the respondents to prevent the accidental death of drowning in the waterbodies like tanks, bonds, creeks, rivers, beaches, swimming pools in the State by taking all necessary steps and by putting up the danger signs at several places and at the vantage points about the depth of waterbodies concerned, with history of death.

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This Court, during the course of hearing, expanded the scope of the writ petition and covered the waterbodies near the temples.

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W.P.No.3001 of 2018

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Learned counsel for the petitioner submits that the anxiety of the petitioner is that casualties take place in waterbodies and no safeguards are provided by the Government and the HR & CE Department. In case proper safety and security measures are provided, the casualties could be avoided.

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Time to time, this Court called for status reports from the HR & CE Department and the State Government and they were placed on record.

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The HR & CE Department has placed on record the status report with regard to different temples i.e. large temples, and the steps taken therein. It is stated that during festival times, in these large temples, round the clock a fibre boat with swimmers is engaged for the rescue of the devotees who take bath in the sea. Sufficient number of watch towers are provided with police and fire

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personnel to check that the devotees, who take bath, do not go deep inside the sea. Swimmers are provided with lifebuoys to

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W.P.No.3001 of 2018

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rescue the devotees who are in danger.

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The aforesaid measures are taken in some of the large temples. However, in the large temples, large number of devotees visit round the year. So this measure should be provided round the year.

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In respect of Rameshwaram temple, it is stated that there are 22 theertham wells inside the temple. The devotees want water to be sprinkled and the devotees are not allowed to enter into the wells. As far as seashore is concerned, the water level is up to the hip. A watch tower and two high-mast lights were built by the Municipality to watch the pilgrims who take bath in the sea. The Municipality personnel were employed to ensure the safety of the pilgrims.

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The respondent authorities may consider engaging experts such as security guards and other personnel who would be available to rescue the devotees in danger. The said measure may be

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W.P.No.3001 of 2018

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adopted in all the major temples situated near the seashores.

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The State Government has also filed the status reports from time to time detailing the steps undertaken in respect of various temples.

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The HR & CE Department in case of temples and the State authorities in respect of waterbodies shall ensure that preventive measures are undertaken to prevent accidental deaths in the waterbodies. The State authorities would put caution boards and warning signs at the required places on the riverside, seashores and waterbodies. Near the waterbodies necessary precautionary measures shall be taken so that persons do not enter into the waterbodies. An emergency operating centre can also be made available. Similarly, the Government can consider making available the swimming expert rescue teams round the clock in the sensitive tourism places of temple ponds, water falls and beaches.

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We hope and trust that the State and its authorities would

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stricto sensu adhere to the aforesaid aspects in letter and spirit.

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W.P.No.3001 of 2018

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It is submitted that the petitioner has given suggestions.

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The State Government may consider the feasibility to implement the same.

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With these observations, the writ petition stands disposed of. There shall be no order as to costs. Consequently, W.M.P.Nos.3667, 3668 and 3669 of 2018 are closed.

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(S.V.G., CJ.) (D.B.C., J.) 13.03.2024 Index : Yes/No Neutral Citation : Yes/No bbr

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1.The Union of India, Ministry of Water Resources, No.626, Shram Shakti Bhavan, Rafi Marg, New Delhi-110 001.

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2.The Union of India, Ministry of Home Affairs, North Block, Central Secretariat, New Delhi-110 001.

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https://www.mhc.tn.gov.in/judis

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W.P.No.3001 of 2018

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3.The Secretary,

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State of Tamilnadu, Public Works Department, Secretariat, Chennai-600 009.

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4.The Secretary,

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State of Tamilnadu, Department of Urban Development, Secretariat, Chennai-600 009.

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5.The Secretary,

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State of Tamilnadu, Department of Rural Development, Secretariat, Chennai-600 009.

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6.The Commissioner,

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State of Tamilnadu, Hindu Religious and Charitable Endowment Dept., 119, Uthamar Gandhi Road, Tirumurthy Nagar, Nungambakkam, Chennai-600 006.

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W.P.No.3001 of 2018

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THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr

W.P.No.3001 of 2018

13.03.2024

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P. Kotteeswari v. The Union of India

Case brief

What is this about?

What did the court decide?

P. Kotteeswari v. The Union of India

Case brief

What is this about?

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