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Tamil Nadu
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Chennai
To a person whose house was set fire to by anti-social elements CHENNAI: The Madras High Court has issued a writ of mandamus to the Collector of Tiruvallur district to pay Rs.2.10 lakh, the balance amount of compensation to a person for loss of property sustained in an incident nine years ago. T. Ramakrishnan of Tiruvur village in Tiruvallur district submitted that around 6.30 p.m. on September 1, 2000 anti-social elements, armed with deadly weapons, came to the village and set fire to houses by throwing petrol bombs. His house was also burnt, belongings were destroyed and some of them looted. The petitioner said he was paid Rs.25,000 by the authorities though the Tahsildar had assessed the loss at Rs.2.35 lakh. The incident occurred due to “inaction or negligent attitude of the police” in preventing it. He represented to the authorities in June 2001 requesting them to pay the balance amount. Since no action was taken, he filed a writ petition seeking a direction to the authorities to pay him Rs.5 lakh towards the loss. In his order, Justice N. Paul Vasanthakumar said that admittedly the petitioner had suffered heavy loss to property. The State had accepted it and paid a compensation of Rs.25,000. The averment of inaction by the police to prevent the incident had not been denied by the authorities by filing a counter-affidavit. Mr. Justice Paul Vasanthakumar said the authorities could not dispute the fact of the collection of a mob with due preparation to commit rioting, which would have taken time. “The State intelligence wing of the police is bound to watch the areas to prevent communal or caste violence to maintain law and order and to preserve the life and property of the citizens.” Not justifiedWith the Tahsildar estimating the loss at Rs.2.35 lakh, the authorities were not justified in restricting the compensation to Rs.25,000. The State was bound to pay the balance amount the judge said.
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