W.P.(MD)No.13032 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025 CORAM: THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.(MD)No.13032 of 2022 and W.M.P.(MD)No.9241 of 2022 Nitha ... Petitioner /Vs./ 1. The State of Tamil Nadu Rep. by the Principal Secretary to Government, School Education Department, Secretariat, Chennai. 2. The Director of School Education, Directorate of School Educational Department College Road, Chennai. 3 The Chief Educational Officer The Chief Educational Office, Thanjavur, Thanjavur District. 4. The District Educational Officer, District Educational Office, Kumbakonam, Thanjavur District. 5. The District Collector Office of the Collector, Thanjavur. 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13032 of 2022 6. The Head Master Government Higher Secondary School, Thirunageswaram, Kumbakonam Taluk, Kumbakonam Educational District, Thanjavur. 7. Sampath Kumar The Head Master, Government Higher Secondary School, Thirunageswaram, Kumbakonam Taluk, Kumbakonam Educational District, Thanjavur. 8. The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District. (R8 is suo motu impleaded vide Court order Dated.08.01.2025) .. Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue of Writ of Mandamu, to direct the respondents 1 to 6 to provide fair adequate compensation to the petitioner for the death of the petitioners son by name Vishal aged about 15 years within the time stipulated by this Court. For Petitioner : Mr.R.Alagumani For Respondents : Mr.V.Om Prakash Government Advocate for R1-6 : Mrs.M.Aasha Government Advocate (Crl.side) for R8 : Mr.S.Deenadhayalan for R7 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13032 of 2022 ORDER This Writ Petition has been filed for a direction, directing the respondents 1 to 6 to provide fair adequate compensation to the petitioner for the death of the petitioner's son, viz., Vishal aged about 15 years , by committing suicide. 2. Heard the learned counsel on either side and perused the materials placed before this Court. 3. While the petitioner's son, Vishal, was studying in 11th standard in the sixth respondent School, he committed suicide by consuming rat poison on 26.10.2021. After consuming rat poison, he came to School, while he was writing examination, he got fainted and immediately, he was taken to primary health centre, Thirunageswaram. Thereafter, for further treatment he was referred to Government Hospital. Kumbakonam. After four days, i.e.,01.11.2021, the petitioner's son died, due to consuming of poison. After his demise, the petitioner's husband lodged a 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13032 of 2022 complaint and the same was registered in Crime No.746 of 2021 for the offences punishable under Section 306 I.P.C r/w. Sections 3(1)(r), 3 (i)(s) and 3(2)(v) of SC/ST (POA) Act, as against the seventh respondent. After completion of investigation, the police filed a final report and the same has been taken cognizance as S.S.C.No.42 of 2022 and it is pending before the PCR Court, Thanjavur, for trial. The petitioner submitted representation, seeking compensation for the act committed by the sixth respondent. The petitioner alleged that the petitioner's son was scolded by the sixth respondent for his hair cutting and his continuous absence and he also directed the deceased to spoke him with some distance, since he belongs to SC/ST Community, whereas, on perusal of the statement recorded from the School is revealed as follows: “fle;j 23.10.2021 md;W tp\hy; Kbntl;bf;nfhz;L tutpy;iy vd;W jiyik Mrphpah; rk;gj;Fkhh; tp\hyplk; cd; mg;gh mk;khit mioj;J th vd;W nrhd;dhh;. mjw;F jiyik Mrphpah; ck; mk;kh khjphp ePAk; rpj;jhs; Ntiyf;F NghfNtz;baJ jhNd vd;W js;sp epd;W NgRwh vd;Wk; rhjpa td;kj;Jld; jiyik Mrphpah; jpl;bdhh;.“ 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13032 of 2022 4. It is contrary to the statement of the petitioner. The sixth respondent never scolded the deceased by mentioning his caste name. The investigation officer stereotypically recorded statement from three students alone, in order to charge against the sixth respondent under the SC/ST Act, whereas, the stand of the sixth respondent is that the petitioner's son was continuously absent to the School and also produced the attendance register before this Court. Therefore, he was warned by the sixth respondent and directed him to being his parents. Instead of bringing his parents to the School, he consumed rat poison and came to School and write the examination and in the examination hall, he fainted and immediately, he was taken to primary health centre, Thirunageswaram and thereafter, he was referred to Government Hospital, Kumbakonam for higher treatment. 5. On perusal of the Accident Register, it revealed that he consumed poison, due to heavy inculcation. Therefore, there is no material to show that the sixth respondent scolded him by using his caste name and as such, he committed suicide. In fact, even according to the 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13032 of 2022 petitioner, the occurrence had happened on 23.10.2021. After three days, i.e., on 26.10.2021, the deceased consumed rat poison and came to School and wrote examination. Therefore, the charge under Section 306 I.P.C itself is made out or not is a question. The fifth respondent School paid a sum of Rs.3,00,000/- (Rupees Three Lakhs only) as victim's compensation to the petitioner under the SC/ST Act. Therefore, the disputed question of facts cannot be gone into in this writ petition, to award compensation, that too under Article 226 of the Constitution of India. 6. In view of the above, this Writ Petition is devoid of merits and the same is liable to be dismissed. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 10.01.2025 Internet : Yes/No NCC : Yes / No Index : Yes/No LS 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13032 of 2022 TO:- 1. The Principal Secretary to Government, School Education Department, Secretariat, Chennai. 2. The Director of School Education, Directorate of School Educational Department College Road, Chennai. 3 The Chief Educational Officer The Chief Educational Office, Thanjavur, Thanjavur District. 4. The District Educational Officer, District Educational Office, Kumbakonam, Thanjavur District. 5. The District Collector Office of the Collector, Thanjavur. 6. The Head Master Government Higher Secondary School, Thirunageswaram, Kumbakonam Taluk, Kumbakonam Educational District, Thanjavur. 7. The Inspector of Police, Thiruneelakudi Police Station, Thanjavur District. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.13032 of 2022 G.K.ILANTHIRAIYAN , J. LS Order made in W.P.(MD)No.13032 of 2022 Dated: 10.01.2025 8/8 https://www.mhc.tn.gov.in/judis