IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 OP.No. 25308 of 2001(K) ----------------------- PETITIONER: ---------------- P.R. RAMAVARMA RAJA, AGED 55 YEARS, S/O. LATE M.S. NARAYANAN NAMBOODIRI, 'SARANGI', DESIYA KAVALA, THRIKKAKARA POST, KOCHI-21. BY ADV. SRI.A.X.VARGHESE SMT.R.SUDHA RESPONDENTS: ------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, LOCAL SELF DEPARTMENT, THIRUVANANTHAPURAM. 3. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. 4. MANAGER, TOWN HALL, ERNAKULAM. 5. PRINCIPAL, SKILTEK EDUCATIONAL INSTITUTIONS, SIVARAMA MENON ROAD, LISIE JUNCTION, COCHIN – 682 018. BY GOVERNMENT PLEADER SRI. M.R. SABU FOR R1 & R2 SRI.K.K.JOHN FOR R5 SRI.S.RAMESH BABU, SC.COCHIN CORPN. FOR R3 SRI.K.GOPALAKRISHNA KURUP FOR ADV.COMMISSIONR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 25308 of 2001 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE FIR DATED 26.4.2001. EXT.P2: COPY OF THE INQUEST REPORT DATED 26.4.2001. EXT.P3: COPY OF THE POSTMORTEM REPORT DATED 26.4.2001. EXT.P4: COPY OF THE NEWS ITEM REPORTED IN MALAYALA MANORAMA DAILY DATED 27.4.2001 ABOUT THIS TRAGIC INCIDENT. EXT.P5: COPY OF THE NEWS ITEM PUBLISHED BY THE MATHRUBHOOMI DAILY DATED 27.4.2001. EXT.P6: COPY OF THE NEWS ITEM REPORTED IN INDIAN EXPRESS DATED 27.4.2001. EXT.P7: COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER DATED 18.8.2001. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No. 25308 OF 2001 ---------------------------------------- Dated this the 15th day of September, 2008 JUDGMENT The petitioner is the father of an unfortunate child, who fell down from the upstairs portion of the Town Hall, Ernakulam on account of stepping into a false ceiling which caved in. The petitioner's contention is that the incident occurred solely on account of the negligence of the 3rd respondent Corporation, for which they are liable to pay compensation to the petitioner. The petitioner seeks a direction to the Corporation to pay an amount of Rs.10 lakhs as compensation. No doubt the petitioner deserves sympathy because his minor daughter fell to her death, admittedly in the premises of the Town Hall. But the question as to whether the incident occurred on account of any negligence on the part of the Corporation or as to what is the amount of compensation payable, if the Corporation is so liable are matters which require evidence which cannot be decided in an original petition. The proper remedy of the petitioner lies in filing a properly constituted suit before the appropriate Civil Court. O.P.No.25308/01 2 Therefore, without prejudice to such right, this original petition is dismissed. The learned Counsel for the petitioner raises an apprehension that in view of the fact that the incident occurred as early as in 2001, the Civil Court may not entertain this petition at this point of time on account of the law of limitation. I am of opinion that notwithstanding the elapse of time, the petitioner can certainly seek exclusion of the period during which this original petition was pending before this Court for calculating the limitation. Accordingly, if the petitioner seeks exclusion of the period during which this original petition was pending before this Court, the appropriate Civil Court shall consider the same while deciding the question as to whether the suit, if filed, is barred by limitation. S. SIRI JAGAN, JUDGE Acd O.P.No.25308/01 3