- 1 - HC-KAR NC: 2025:KHC:43894 WP No. 27913 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27913 OF 2019 (GM-RES) BETWEEN: 1. SRI. GOVINDA M. S/O MADHE GOWDA AGED ABOUT 49 YEARS, NO.188, 4TH CROSS, 11TH MAIN, HANUMANTHA NAGAR, BENGALURU - 560 019. 2. SMT. LAKSHMI B. W/O GOVINDA M AGED ABOUT 41 YEARS, RESIDENT OF NO.188, 4TH CROSS, 11TH MAIN, HANUMANTHA NAGAR, BENGALURU - 560 019. …PETITIONERS (BY SRI. S. NATARAJA SHARMA, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY SECONDARY EDUCATION GOVERNMENT OF KARNATAKA M.S.BUILDING, DR.AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DIRECTOR PRE-UNIVERSITY EDUCATION BOARD 18TH CROSS, MALLESHWARAM BENGALURU - 560 012. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43894 WP No. 27913 of 2019 3. THE DEPUTY DIRECTOR PRE-UNIVERSITY EDUCATION BOARD B.P.WADIA ROAD, BANGALORE SOUTH DISTRICT BENGALURU - 560004. 4. SRI. RAMA RAO THE PRESIDENT NATIONAL EDUCATION SOCIETY BASAVANAGUDI, BENGALURU - 560004. 5. SRI. NAGARAJA REDDY THE SECRETARY NATIONAL EDUCATION SOCIETY BASAVANAGUDI, BENGALURU - 560 004. 6. THE PRINCIPAL NATIONAL PRE-UNIVERSITY COLLEGE JAYANAGAR, BENGALURU - 560 070. 7. THE COMMANDING OFFICER/LT COL NATIONAL CADET CORPS NO.8, CUNNINGHAM ROAD BENGALURU - 560 052. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R3; SRI. KIRAN B.S., ADVOCATE FOR R4 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.4 AND 5 TO PAY THE COMPENSATION OF RS.3 LACS WITH INTEREST FROM THE DATE OF ITS ANNOUNCEMENT BY R-5 BEFORE THE MEDIA AS PER ANNEXURE-E AND RS.10 LACS AS ADDITIONAL COMPENSATION FOR THE MENTAL AGONY AND PHYSICAL - 3 - HC-KAR NC: 2025:KHC:43894 WP No. 27913 of 2019 HARASSMENT UNDERGONE BY THE PETITIONER AND THE MOTHER OF THE DECEASED; AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioners are seeking a writ of mandamus to the respondents to pay compensation of Rs.3,00,000/- with interest from the date of the announcement made by respondent No.5, as per Annexure-E and Rs.10,00,000/- as additional compensation for the mental agony undergone by the petitioners and such other reliefs. 2. The relevant facts for adjudication of this writ petition are that the petitioners' son - G. Vishwas, was studying I PUC during the academic year 2017-18, in the College run by the National Education Society. It is stated that the petitioners' son was actively involved in NCC and therefore he was enrolled in NCC and his enrollment application filed in the College is produced at Annexure-B. It is also stated that NCC camp was - 4 - HC-KAR NC: 2025:KHC:43894 WP No. 27913 of 2019 headed by the NCC Co-ordinator and as per the direction of the NCC Co-ordinator, the son of the petitioners was taken to Rama Vishwa Vishwa Dhyana Ashrama in Ravangondlu Village, Kanakapura Taluk on 23.09.2017. It is also stated that, on 24.09.2017, the students were cleaning the place around the Ashram under the Swatch Bharat Scheme and at that time, the son of the petitioner - G.Vishwas along with his friends went for swimming and while swimming, the petitioner's son was drowned in the water. Hence, son of the petitioner was delcared as dead and accordingly, FIR was registered in UDR No.0038/2017 (Annexure-D1) of Kanakapura Police Station, Ramanagara District. As such, the petitioners have sought for a writ of mandamus to the respondents to pay compensation as prayed in the writ petition. 3. Having taken note of the submissions made by the learned counsel appearing for the petitioners, it is the case of the petitioners that, the petitioners' son - G.Vishwas who was in the NCC Camp, allegedly drowned while swimming and therefore, it is argued that the respondents are bound to pay compensation to the petitioners. In this regard, learned counsel appearing for the petitioners places reliance on the Judgment of - 5 - HC-KAR NC: 2025:KHC:43894 WP No. 27913 of 2019 the High Court Judicature at Madras in W.P.No.19260/2002 disposed of on 14.08.2008 and submitted that the respondents are vicariously liable to pay compensation for the death of their son and accordingly, sought for allowing the writ petition. 4. Per contra, learned counsel appearing for the respondent Nos.4 to 6 submitted that disputed questions of fact have to resolved in this writ petition with regard to negligence of the son of the petitioners in the unfortunate incident and therefore, the writ petition is not maintainable and the petitioners are having remedy elsewhere. 5. Learned Additional Government Advocate appearing for the respondent Nos.1, 2 and 3 also argued on similar lines. 6. Having taken note of the submissions made by the learned counsel appearing for the petitioners, it is not in dispute that, with regard to death of the son of the petitioners, on 24.09.2017, as per Annexure-D1, the criminal case was lodged in UDR No.0038/2017. It is submitted at the Bar that the said proceedings is pending consideration before the competent Criminal Court to assess whether the negligence is on the part of the son of the petitioners or on the respondents - 6 - HC-KAR NC: 2025:KHC:43894 WP No. 27913 of 2019 in the alleged incident. In that view of the matter, as disputed questions of fact are involved in this writ petition with regard to negligence on the part of either of the parties, I am of the view that, the petitioners have to approach the competent authority/Court only after the conclusion of the proceedings before the Criminal Court in UDR No.38/2017, for redressal of their grievances. In that view of the matter, at this stage, writ of mandamus cannot be issued to the respondents to pay the compensation since the said aspect of the matter is yet to be adjudicated by the Criminal Court. 7. With the above observation, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 3