W.P.(MD)No.2384 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.2384 of 2022 Amutha ... Petitioner /Vs./ 1. The State of Tamil Nadu, Represented by its Chief Secretary to Government / Chairman of Guf of Mannar Biosphere Reserve Trust (Gombrt), Department of Environment and Forests, Fort St. George, Secretariat, Chennai – 600 009. 2. The State of Tamil Nadu, Rep by its Secretary to Government, Department of Tourism and Culture, Fort St.George, Secretariat, Chennai - 600 009. 3. The State of Tamil Nadu, Rep by its Principal Secretary to Government, Department of Environment and Forests, Fort St.George, Secretariat, Chennai - 600 009. 4. The Principal Chief Conservator of Forests, (Head of Forest Force), Panagal Maligai, 1, Jennis Road, Saidapet, Chennai - 600 015. 1/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2384 of 2022 5. The Additional Principal Chief Conservator of Forests, (Administration), Panagal Maligai, 1, Jennis Road, Saidapet, Chennai - 600 015. 6. The Principal Chief Conservator of Forest and Chief Wildlife Warden, Palagal Maligai, 1, Jennis Road, Saidapet, Chennai - 600 015. 7. The Chief Conservator of Forests, Virudhunagar Circle, District Collectorate Office Campus, Virudhunagar - 625 002. 8. The Chief Conservator of Forests and Trust Director, Gulf of Mannar Biosphere Reserve Trust (Gombrt), No. 102/26, Retired Army Bungalow, First Floor, Ramanathapuram - 623 504. 9. The Wildlife Warden, Gulf of Mannar Marine National Park, 76/1, Madurai- Ramanathapuram Road, Kadampanagar, Mandapam, Ramanathapuram. 10. The District Forest Officer, Ramanathapuram Division, Forest Department Campus, Mandapam Road, Opp to ITI, Ramanathapuram - 623 502. 2/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2384 of 2022 11. The Divisional Forest Officer, Social Forestry Division, Jawan Bhavan, Kenikkarai, Ramanathapuram - 623 535. 12. The Forestry Extension Officer, Forestry Extension Division, Opp to Customs Office, Collectrate Campus, Mandapam Road, Ramanathapuram - 623 503. 13. Karankadu Eco Development Committee, (Under the Supervision of Forest Department), Rep by its President / District Wildlife Forest Ranger, Wildlife Range Office, Opp to ITI, District Collectorate, Ramanathapuram. 14. The District Collector , Ramanathapuram. District, Ramanathapuram. 15. The Inspector of Police, Devipattinam Marine Police Station, Costal Security Group Criminal Investigation Division, (Csgcid) Ramanathapuram, Ramanathapuram. District. (Crime No.1 of 2020) 16. Sengol 17. Vetrivel ... Respondents 3/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2384 of 2022 P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to take appropriate action for disbursement of fair, just and adequate compensation for the tragic death of petitioner's minor son namely Vishwajith aged 4 years on 18.01.2020 when the petitioner's family members had a family picnic tour to the Karankadu Mangrove Forest situate at Karankadu Village, Thondi, Thiruvadanai Taluk, Ramanathapuram District through the boat operated by the Department of Forest as well as Wildlife Department and Karankadu ECO Development Committee, which was negligently driven by the boat drivers and capsized resulting the death of the petitioner's minor son. For Petitioner : Mr.A.Saravanan For Respondents : Mr.M.Senthil Ayyanar (R1 to R15) Government Advocate ORDER This writ petition has been filed directing the respondents to pay compensation for the demise of the petitioner's minor son, who is aged about 4 years on 18.01.2020, when the petitioner's family members went for picnic to Karankadu Mangrove Forest situate at Karankadu Village, 4/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2384 of 2022 Thondi, Thiruvadanai Taluk, Ramanathapuram District by capsizing of boat operated by Department of Forest as well as Wildlife Department and Karankadu ECO Development Committee. 2. Heard the learned counsel on either side and perused the materials placed before this Court. 3. According to the petitioner, the petitioner and her family members along with her minor son, who is aged about 4 years, had gone for a family picnic on 18.01.2020 to the Karankadu Mangrove Forest situate at Karankadu Village, Thondi, Thiruvadanai Taluk, Ramanathapuram District, through the boat operated by Department of Forest as well as Wildlife Department and Karankadu ECO Development Committee. They had boarded in the boat at 02:30 p.m. and it was sailed by 16th and 17th respondents herein. While being so, the boat was negligently sailed by the private respondents herein and the boat was capsized. Fortunately, all were saved by the fishermen and unfortunately, the minor son died due to drowning. The petitioner had paid the charges for boating including for the minor kid. 5/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2384 of 2022 4. The specific contention of the petitioner is that the respondents had not provided any life jacket at the time of sailing in the boat and therefore, the respondents 1 to 5 are vicariously liable to pay compensation for the demise of the petitioner's miner son. In support of his contention, he relied upon the judgment of the Hon'ble Supreme Court in the case of M.S.Grewal and Another vs. Deep Chand Sood and Others reported in 2001 (8) SCC 151. 5. A perusal of the counter and the submission made on either side revealed that Karankadu ECO Tourism Spot is situated at Ramanathapuram District. Several tourists have come daily to see Karankadu Mangrove Forest. The said project is run by Karankadu ECO Development Committee and they are operating mechanized boats. The Forest Range Officer is the Principal Secretary of ECO Development Committee and all other members are from local fishermen and villagers. 6. While being so, on 18.01.2020, the petitioner’s family totalling to 8 adults and 6 children with an infant aged about 4 years, were on boat, which is sized about 31 feet length and 8 feet breath. All were 6/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2384 of 2022 provided life jacket. However, at the time of boarding the boat, all the passengers had removed their life jackets and even after compulsion, they had reluctant to wear. Life jackets are prime requirement for safety journey and only after arguments, they had worn life jackets. However, they used to go one side of the boat, even after wearing the life jackets. Therefore, when the passengers went one side of the boat, the respondents 16 and 17 could not control the boat from capsizing. Therefore, the boat had capsized and all the passengers fell into the sea. All were saved by them except the minor son of the petitioner. Hence, the accident happened only due to the negligence of the petitioner and other passengers. 7. On the complaint, an FIR has been registered in Crime No.1 of 2020 on the file of the Inspector of Police, Devipattinam MPS Police Station, Ramanathapuram District, for the offence under Sections 280 and 304(A) of IPC against respondents 16 and 17 herein and it is pending for investigation. That apart, the petitioner was directed to submit relevant documents to consider claim of the petitioner to pay compensation under the Chief Minister Relief Fund by communication 7/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2384 of 2022 dated 14.02.2024. Even then, till today the petitioner did not provide any other documents and there is no response from the petitioner sofar. Therefore, the respondents are not liable to pay any compensation and this writ petition is devoid of merits and is liable to be dismissed. Accordingly, this writ petition is dismissed. The petitioner is at liberty to approach the concerned authorities to receive the compensation under the Chief Minister Relief Fund. No costs. 22.01.2025 Index : Yes / No NCC : Yes / No Sm TO:- 1. The Chief Secretary to Government / Chairman of Guf of Mannar Biosphere Reserve Trust (Gombrt), Department of Environment and Forests, Fort St. George, Secretariat, Chennai – 600 009. 2. The Secretary to Government, Department of Tourism and Culture, Fort St.George, Secretariat, Chennai - 600 009. 3. The Principal Secretary to Government, Department of Environment and Forests, Fort St.George, Secretariat, Chennai - 600 009. 8/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2384 of 2022 4. The Principal Chief Conservator of Forests, (Head of Forest Force), Panagal Maligai, 1, Jennis Road, Saidapet, Chennai - 600 015. 5. The Additional Principal Chief Conservator of Forests, (Administration), Panagal Maligai, 1, Jennis Road, Saidapet, Chennai - 600 015. 6. The Principal Chief Conservator of Forest and Chief Wildlife Warden, Palagal Maligai, 1, Jennis Road, Saidapet, Chennai - 600 015. 7. The Chief Conservator of Forests, Virudhunagar Circle, District Collectorate Office Campus, Virudhunagar - 625 002. 8. The Chief Conservator of Forests and Trust Director, Gulf of Mannar Biosphere Reserve Trust (Gombrt), No. 102/26, Retired Army Bungalow, First Floor, Ramanathapuram - 623 504. 9. The Wildlife Warden, Gulf of Mannar Marine National Park, 76/1, Madurai- Ramanathapuram Road, Kadampanagar, Mandapam, Ramanathapuram. 10. The District Forest Officer, Ramanathapuram Division, Forest Department Campus, Mandapam Road, Opp to ITI, Ramanathapuram - 623 502. 9/10 https://www.mhc.tn.gov.in/judis W.P.(MD)No.2384 of 2022 G.K.ILANTHIRAIYAN , J. Sm 11. The Divisional Forest Officer, Social Forestry Division, Jawan Bhavan, Kenikkarai, Ramanathapuram - 623 535. 12. The Forestry Extension Officer, Forestry Extension Division, Opp to Customs Office, Collectrate Campus, Mandapam Road, Ramanathapuram - 623 503. 13. Karankadu Eco Development Committee, (Under the Supervision of Forest Department), Rep by its President / District Wildlife Forest Ranger, Wildlife Range Office, Opp to ITI, District Collectorate, Ramanathapuram. 14. The District Collector , Ramanathapuram. District, Ramanathapuram. 15. The Inspector of Police, Devipattinam Marine Police Station, Costal Security Group Criminal Investigation Division, (Csgcid) Ramanathapuram, Ramanathapuram. District. Order made in W.P.(MD)No.2384 of 2022 Dated: 22.01.2025 10/10 https://www.mhc.tn.gov.in/judis