Thiru.Rajan Syal vs Managing Director And Others

M.Dhandapani, J

The present writ petition is filed challenging the proceedings dated 05.04.2026 issued by the first respondent demanding payment of Compensation of Rs.30,00,000/- to the legal heirs of late Dravida Kathiravan.

Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents 1 & 2.

The admitted facts are;

An unfortunate incident occurred on 15.01.2022 inside the petitioner's residential premises resulting in death of Dravida Kathiravan, for which, a case has been registered in Crime No.22/2022 and SC No. 44 of 2024 is pending before the Principal Sessions Court, Chengalpattu and no finding of guilt has been recorded against the petitioner till date. The petitioner has deposited Rs.1,50,000/- on 21.03.2022 pursuant to the bail condition in Crl. OP.No.1273 of 2022, which cannot be construed as admission of liability. The first respondent issued impugned order dated 05.04.2026 demanding a sum of Rs.30,00,000/- without issuing show cause notice, without conducting enquiry and without adjudication of liability by competent forum.

Prima facie case made out. The impugned proceedings dated 05.04.2026 issued by the first respondent demanding Rs.30,00,000/- as compensation is without jurisdiction, as the issue of liability under the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act, 2013 is sub-judice in S.C.No.44 of 2024 on the Principal Sessions Court, Chengalpattu.

However, considering the plight of the 3rd respondent, who is the widow of the deceased Dravida Kathiravan, and without prejudice to the contentions of both parties, and also taking into account that a sum of Rs.1,50,000/- was already deposited pursuant to the order in Crl.OP.No.1273 of 2022, this Court grants an order of interim stay of operation of the impugned proceedings dated 05.04.2026 issued by the first respondent on the following conditions;

''a. The petitioner is directed to deposit a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) by way of demand draft before the learned Judicial Magistrate-II, Alandur, to the credit of SC.No.44 of 2024, on or before 24.06.2026;

b. Further, the learned Judicial Magistrate-II, Alandur, shall disburse the amount of Rs.1,50,000/- (Rupees One lakh fifty thousand only) already deposited by the petitioner pursuant to the order in Crl.OP.No.1273 of 2022, to the third respondent/Tmt.Tamilvani, after due verification of identity, within a period of two weeks from the date of receipt of a copy of this order;

c. The Registry is directed to communicate this order to the learned Judicial Magistrate-II, Alandur forthwith for compliance and also obtain an information with regard to the payment to the third respondent; and

d. The first respondent is restrained from initiating any coercive steps for recovery from the petitioner till the disposal of the writ petition. ''

Post the matter on 24.06.2026 for final hearing. In the meanwhile, the respondents 1 & 2 shall file their counter.