IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 RP.No. 203 of 2008(V) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.37564/2007 Dated 03/01/2008 .................... REVIEW PETITIONERS/PETITIONERS ----------------------------------------------- 1. N.M.THANKAPPAN, NEDUGATTIL HOUSE, KULASEKHARAPURAM P.O., ARUNOOTIMANGALAM, KOTTAYAM. 2. K.R.AJITH KUMAR, KUNNEL HOUSE, NEEZHOOR P.O., KOTTAYAM. 3. ADV.K.M.SANTHOSH KUMAR, ADMINISTRATOR, MEENACHIL HIGH RANGE, S.N.D.P. UNION, KOTTAYAM. BY ADV. SRI.A.K.HARIDAS RESPONDENTS: RESPONDENTS ------------------------ 1. STATE OF KERALA, REP. BY CHIEF SECRETARY TO THE GOVERNMENT, KOTTAYAM. 2. DISTRICT COLLECTOR, KOTTAYAM REVENUE DISTRICT. 3. KOTTAYAM MUNICIPALITY, KOTTAYAM, REP. BY ITS SECRETARY. BY SRI. SIBY MATHEW GOVERNMENT PLEADER SRI.A.J. VARGHESE THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ R.P. NO.203 OF 2008 IN W.P.(C)No.37564 OF 2007 ---------------------------------------- Dated this the 3rd day of March, 2008 ORDER The petitioners in this review petition are the petitioners in the writ petition. The writ petition was filed seeking a direction to the government to pay a financial assistance to the petitioners for the death of the son of the 1st petitioner and for the injuries of the 2nd petitioner suffered on account of the fall of a wall being constructed by a church allegedly in violation of Building Rules. In the writ petition, the petitioners' contention was that the Government had paid financial assistance to others who suffered injuries in a similar accident. I dismissed the writ petition stating that public money cannot be distributed to injured persons for the negligence of private parties and the remedy available to the petitioners lie in filing a suit for damages against the private party because of whose negligence the death and injury occurred. 2. Now the petitioners have filed this review petition R.P. No.203/08 2 stating that the petitioners filed the writ petition ignorant about the fact that the Government have already sanctioned compensation to petitioners 1 and 2. It is under the above circumstances, the petitioners have filed this review petition seeking to review the judgment permitting the petitioners to withdraw the writ petition. 3. I have heard the learned counsel for the petitioners as also the learned Government pleader. I had directed the Government pleader to get instructions as to under what provision the Government can pay compensation to the petitioners for negligence caused by some private parties. No instructions are forthcoming. There cannot be any doubt that the Government cannot dole out public money to give compensation for negligence of private parties. Of course, the Government would be justified in payment of compensation in case of accidents on account of the natural calamities. That is not the case here. Here there is a private party responsible for the negligence, which resulted in causing death and injury. That being so, I am of opinion that the Government cannot simply distribute public money to such persons. Therefore I do R.P. No.203/08 3 not find any merit in the review petition and accordingly the same is dismissed. S. SIRI JAGAN, JUDGE Acd