IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP No. 14909 of 2009
Date of Decision: 24.09.2009
Satish Kumar ..Petitioner
Versus
State of Haryana and others ..Respondents
CORAM: HON'BLE MR. JUSTICE T.S.THAKUR,CHIEF JUSTICE
HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
1.Whether Reporters of local papers may be allowed to see the
judgment ?
2. Whether to be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present : Mr. R.S.Bains, Advocate,
for the petitioner.
*****
T.S.Thakur, C.J. (Oral)
This petition has been filed in public interest inter-alia for
a writ of mandamus directing the respondents to arrange payment of
compensation for the family of one Ram Subhaj son of Chennai who is
alleged to have died by falling into a sewer. A mandamus directing the
respondents to cover all the manholes which are uncovered has also
been made apart from a direction for an expeditious investigation and
trial of FIR No. 206 dated 25.5.2008, for an offence punishable under
section 304 IPC registered at Police Station Faridabad.
Having heard Mr. Bains, learned counsel for the
petitioner, we see no reason to interfere. We say so because any claim
for payment of compensation for the alleged negligence of the
Corporation for the unfortunate incident must be made by
the legal heirs of Ram Subhaj. The petitioner appears to be wholly
CWP No. 14909 of 2009 [2]
unconnected both with the incident and the victim. A demand for
payment of compensation to the members of the family of deceased
who have not themselves come forward for any such relief, cannot
therefore be maintained by him.
So also the prayer for a mandamus directing the
Corporation to keep the manholes covered proceeds on the assumption
that there are uncovered manholes that can endanger human lives. The
petitioner has in para No.4 of the writ petition extracted the information
furnished to him by the Corporation, from a reading whereof it appears
that whenever any manhole cover is found to be broken, the same is
replaced by the Corporation. The writ petition does not indicate how
many manholes remain uncovered and at which places. The petition is
blissfully silent as to the basis on which the petitioner claims that the
citizens living in Faridabad continue to face hazards on account of open
manholes. The petitioner ought to do his home work instead of filing a
half baked petition in which no factual basis has been laid for the relief
prayed for.
Similarly the prayer for expeditious investigation and trial
of FIR No. 206 dated 25.5.2008, under section 304 IPC registered at
Police Station Faridabad is without any particulars. The petitioner has
not furnished any information as to the current status of the said case.
Mr. Bains was unable to state whether any challan has been filed by the
police, if so the stage at which the case is pending. In the
circumstances, we see no reason to interfere. The petition fails and is
hereby dismissed. No costs.
(T.S.THAKUR)
CHIEF JUSTICE
(KANWALJIT SINGH AHLUWALIA)
JUDGE
24.09.2009
‘ravinder’