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Judgment
K. Raviraja Pandian, J.—The writ petition in W.P.No. 17987 of 1995 is filed for issuance of a writ of mandamus directing the respondents
1 and 2 to pay a sum of Rs. 1.00 lakh as compensation to the petitioner and also provide suitable employment to the petitioner in their
Department.
The writ petition in W.P.No. 17988 of 1995 is filed for issuance of a writ of mandamus directing the respondent to pay the policy amount for
the Life Insurance taken by the petitioner''s husband late Mr. Hendry in Policy No. 711507366 to the petitioner.
Mr. Murthy, learned counsel appearing for the petitioner very seriously contended that the death of the husband of the petitioner has been
caused only because of the assault that has been caused by the sergeant of the airmen and as such this Court can issue a mandamus to compensate
the wife, who lost her husband. However, the fact as to the death caused because of the assault has been very seriously disputed by the learned
counsel for the respondents.
Where there are disputed questions of fact and an unequivocal denial of tortuous liability, seeking remedy under Article 226 may not be proper
as held by the Supreme Court in the case of Tamil Nadu Electricity Board Vs. Sumathi and Others, .
Hence, while dismissing the writ petitions as not maintainable when the facts are disputed, this Court has preserved the right of the petitioner, if
she is so advised, to invoke any of the general law remedy.
With this observation, the writ petitions are dismissed. No costs.