IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 13915 of 2008(F) ---------------------------------- PETITIONERS: ----------------- 1. ANIL KUMAR K., AGED 39 YEARS, S/O. KRISHNANKUTTY P., (FATHER OF DECEASED MINOR AKHIL A.), AKHIL BHAVANAM, (KRISHNALAYAM), KUTTAMBERUR P.O., MANNAR, CHENGANNUR, ALAPPUZHA. 2. SELVARAJAN, AGED 39 YEARS, S/O. ARJUNAN ACHARI, (FATHER OF DECEASED MINOR SYAMILI S.), VERURKUNNEL, KUTTAMBERUR P.O., MANNAR, CHENGANNUR, ALAPPUZHA. 3. MAHIN MADHU, AGED 6 YEARS, (MINOR), REP. BY NATURAL GUARDIAN/FATHER MADHU, AGED 30, VISHNU BHAVAN, BUDHANUR, ENNAKKAD, KUTTAMBERUR P.O., MANNAR, CHENGANNUR, ALAPPUZHA. 4. SURAJ S.DEV, AGED 6 YEARS, (MINOR), REP. BY NATURAL GUARDIAN/FATHER SUDEVAN, AGED 48, S/O. NANU K. KARIYIL KIZHAKETHIL, KUTTAMBERUR P.O., MANNAR, CHENGANNUR, ALAPPUZHA. 5. PRAVIN PRASAD, AGED 6 YEARS, (MINOR), REP. BY NATURAL GUARDIAN/FATHER SIVAPRASAD, AGED 36, S/O. GOPALAKRISHNAN NAIR, POKKATTETH, KUTTAMBERUR P.O., MANNAR, CHENGANNUR, ALAPPUZHA. BY ADV. SRI.MANJERI SUNDERRAJ SRI.B.K.RAJAGOPAL SRI.B.PREMNATH (E) RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ALAPPUZHA DISTRICT, ALAPPUZHA. WP(C).No. 13915/08 ...2... 2. SECRETARY TO GOVERNMENT OF KERALA, MINISTRY OF EDUCATION, SECRETARIAT, TRIVANDRUM. 3. SECRETARY TO GOVERNMENT OF KERALA, MINISTRY FOR PUBLIC WORKS (BUILDING DIVISION), SECRETARIAT, TRIVANDRUM. 4. THE ASSISTANT EDUCATIONAL OFFICER, AEO'S OFFICE, CHENGANNUR, ALAPPUZHA DIST. 5. THE HEAD MISTRESS, KUTTAMBERUR VIDYA PRADAYINI YOGAM U.P.SCHOOL, KOOTTAMBERUR P.O., MANNAR, CHENGANNUR, ALAPPUZHA. 6. THE MANAGER, KUTTAMBERUR VIDYA PRADAYINI YOGAM U.P.SCHOOL, KOOTTAMBERUR P.O., MANNAR, CHENGANNUR, ALAPPUZHA, PRESENTLY: ADV.B.RAMESH CHANDRAKUMAR, 44 YRS, FATHER'S NAME NOT KNOWN, "SALEENAM", ORIPRAM MURI, CHENNITHALA P.O., MAVELIKKARA, ALAPPUZHA. 7. R.VIJAYAKUMAR, AGED ABOUT 50 YEARS, FATHER'S NAME NOT KNOWN, "RAGHAVA NILAYAM" KOCHUKAREDUKETHIL, KUTTAMBERUR P.O., MANNAR, CHENGANNUR TALUK, ALAPPUZHA DISTRICT. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.13915 OF 2008 ---------------------------------------- Dated this the 22nd day of May, 2008 JUDGMENT Petitioners 1 and 2 are the parents of persons, who died in an accident on account of collapse of a wall of the school belonging to the 6 th respondent. Petitioners 3 to 5 are persons, who were injured in the same accident. They are seeking the following reliefs: “The Honourable High Court may be pleased to issue writ of Mandamus or such other or further appropriate Writ, Order directing (1) the Respondents jointly and severally to pay compensation to the petitioners for the loss and injury suffered by their families by death and injury as the case is resultant of the Kuttamberur school wall collapse occurred on 27/03/2008 and (2) to direct the respondents 2 & 3 to take all necessary steps to assure safety and security of buildings and structures in all schools in Kerala State to prevent repetition of similar mishaps in future.” Although the petitioners deserve sympathy, I am afraid that the question of liability for payment of damages cannot be decided in proceedings under Article 226 of the Constitution of India. The W.P.(c)No.13915/08 2 liability for payment of damages depends on negligence of the person concerned. For proving negligence, evidence has to be taken. All these cannot be decided in proceedings under Article 226 of the Constitution of India. The remedy of the petitioners lies in filing a civil suit for damages. Without prejudice to the right of the petitioners to file a suit for the same cause of action, this writ petition is dismissed. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.13915/08 3