Single Judge bench dismissed a PIL filed by a party-in-person seeking compensation for parents of deceased school students. The Court held the petitioner was not connected to the deceased and noted an effective alternative remedy before the Motor Accident Claims Tribunal.
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.2913 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 26.07.2024
CORAM:
THE HON'BLE MR .D.KRISHNAKUMAR , ACTING CHIEF JUSTICE and THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD) No.2913 of 2019
A.M.Sundaravel ... Petitioner
-vs-
____________ Page 1 of 5
W.P.(MD) No.2913 of 2019
7.The Inspector of Police Nanguneri Police Station Tirunelveli District ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents to issue compensation to the parents of the deceased Petchiammal for Rs.20,00,000/- and other students, namely, Ramalakshmi, Esakkiammal, Sivaperumal, shall be compensated each Rs.5,00,000/- and also to direct the respondents to regulate the Omni Bus Services travel timing as well as duty time allotted to the Omni Bus Drivers.
For Petitioner : Mr.A.M.Sundavel Party-in-Person For Respondents : Mr.P.Thilakkumar Government Pleader for R1, R2, R4 & R6 Mr.S.Ravi Additional Public Prosecutor for R3, R5 & R7
Page 2 of 5
W.P.(MD) No.2913 of 2019
O R D E R
[Order of the Court was made by R.VIJAYAKUMAR, J. ]
The instant writ petition has been filed as a Public Interest Litigation seeking a mandamus to direct the official respondents to pay compensation to the parents of three school students, who had died due to the accident involving a private omni bus.
2. A perusal of the affidavit clearly indicates that these three school students have passed away due to the accident involving a private omni bus. Neither the parents nor any close relatives of the students have approached this Court seeking compensation. That apart, there is an effective alternative remedy of approaching the Motor Accident Claims Tribunal seeking compensation. The petitioner is noway connected with the family members of the deceased school students. We do not find any reason to entertain this writ petition filed by the party-in-person as a public interest litigation. There are no merits in this writ petition.
____________ Page 3 of 5
W.P.(MD) No.2913 of 2019
3. With the above observations, this writ petition is dismissed. No
costs.
[D.K.K., A.C.J.] [R.V., J.]
26.07.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk To: 1.The Chief Secretary to Government, Tamil Nadu State, Chennai-600 009.
Page 4 of 5
W.P.(MD) No.2913 of 2019
D.KRISHNAKUMAR , A.C.J. and R.VIJAYAKUMAR, J.
krk
W.P.(MD) No.2913 of 2019
26.07.2024
____________ Page 5 of 5
1 issue framed by the court
Whether a writ petition filed by a party-in-person qualifies as a public interest litigation regarding compensation for school student deaths in a bus accident.
1 provisions across 1 enactments
A.M. Sundaravel
Chief Secretary to Government Tamil Nadu
Principal Secretary to Government Transport Department
Director General of Police
District Collector
District Superintendent of Police
.D.KRISHNAKUMAR
R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
