A writ petition seeking compensation for the death of the petitioner's husband, who fell into a pit, was dismissed. The Court held that an enquiry report showed the deceased lost vehicle control due to rash driving, not the pit, and there was no negligence by the respondents.
No compensation paid; writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P (MD).No.1881 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 27.11.2024
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P (MD).No.1881 of 2024
Ajitha
...Petitioner
Vs.
1.The Managing Director, The Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Road, Chepauk, Chennai-5.
2.The District Collector, Madurai, Madurai District.
3.The Executive Engineer, The Tamil Nadu Water Supply and Drainage Board, Chekkanurani, Madurai, Madurai District.
4.The Commissioner, Chekkanurani Municipality, Madurai, Madurai District.
5.The Tahsildar, Chekkanurani, Usilampatti Taluk, Madurai, Madurai District.
1/7
W.P (MD).No.1881 of 2024
Nadumuthalaikulam Panchayat Union, Usilampatti Taluk, Madurai, Madurai District.
8.M/s.Eco Protection Engineers Private Ltd., Represented by its Senior Manager/ Project Head, Mr.E.Elamaran (R8 is impleaded vide Court order dated 02.04.2024)
.... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to pay a adequate compensation for the death of her husband namely Sudhaharan, S/o.Peyandi, aged about 33 years due to the careless and negligent act of the respondents based on her representation dated 18.12.2023.
For Petitioner : Mr.A.Logesh Kumar For R1 & R3 : Mr.B.Vijay Karthikeyan For R2,R4 to R6 : Mr.S.Shanmugavel Additional Government Pleader For R7 : Mr.M.Aasha Government Advocate (Crl.side) For R8 : Mr.N.Dilip Kumar
2/7
W.P (MD).No.1881 of 2024
O R D E R
This writ petition has been filed by the petitioner for a direction directing the respondents to pay adequate compensation for the death of her husband due to the negligent act of the respondents.
3/7
W.P (MD).No.1881 of 2024
4/7
W.P (MD).No.1881 of 2024
flag only dug up the pit. Pit was also about 5 feet depth in which the pipeline was laid. Since it was laid adjacent to the road, there is no question of safety measure by putting compound wall or Barricade. The road itself with the width of 20 feet. Therefore, there is no negligence on the part of the eight respondent on the death of the petitioner's husband.
Internet : Yes Index : Yes/No 27.11.2024 Speaking/Non Speaking order am
5/7
W.P (MD).No.1881 of 2024
To
1.The Managing Director, The Tamil Nadu Water Supply and Drainage Board, No.31, Kamarajar Road, Chepauk, Chennai-5. 2.The District Collector, Madurai, Madurai District. 3.The Executive Engineer, The Tamil Nadu Water Supply and Drainage Board, Chekkanurani, Madurai, Madurai District. 4.The Commissioner, Chekkanurani Municipality, Madurai, Madurai District. 5.The Tahsildar, Chekkanurani, Usilampatti Taluk, Madurai,Madurai District. 6.The President, Nadumuthalaikulam Panchayat Union, Usilampatti Taluk, Madurai, Madurai District. 7.The Inspector of Police, Vikkiramangalam Police Station, Madurai District. 8.M/s.Eco Protection Engineers Private Ltd., Represented by its Senior Manager/ Project Head, Mr.E.Elamaran
6/7
W.P (MD).No.1881 of 2024
G.K.ILANTHIRAIYAN, J.
am
W.P (MD).No.1881 of 2024
27.11.2024
7/7
1 issue framed by the court
Whether the respondents are liable to pay compensation for the death of the petitioner's husband caused by falling into a pit.
Ajitha
The Managing Director, The Tamil Nadu Water Supply and Drainage Board
The District Collector, Madurai
The Executive Engineer, The Tamil Nadu Water Supply and Drainage Board
The Commissioner, Chekkanurani Municipality
The Tahsildar, Chekkanurani
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
