Petition for Compensation to be awarded for the negligence of State authorities


Samson John v. State of Kerala & others The petitioner’s minor daughter, a ‘hyper active autistic’ child died under suspicious circumstances while in Vimukthi special school. It was submitted by the petitioner that the child had been left unaccompanied strapped to a chair for cerebral palsy children. It was also stated that there was no diagnosis of the cause of death by the authorities. And that the school refrained from giving him any information as to the cause or circumstance leading to the death of his child till date and the treatment records also revealed nothing. It was only later that the petitioner learned that the child was left unattended for 15 minutes by the class teacher who claims to have gone to drink tea in the next room. Under these suspicious circumstances, the petitioner preferred a representation to the authorities requesting for an enquiry. Reliefs prayed for : To issue a writ in the nature of mandamus or any other appropriate writ or order directing the first (State of Kerala) and 2nd respondent (District collector, Ernakulam) to conduct an emergent enquiry and take punitive action into the lapses leading to the death of a mentally challenged student in school; To compensate the first petitioner for the loss of his child on account of the negligence of the Respondents To award the cost of the proceedings to the petitioner; Status : The suit is currently pending in the courts.