Dandi Muthyalaiah v. The Andhra Pradesh Southern Power Distribution

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.12847 of 2016 ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking a writ of mandamus declaring the inaction of the respondents in paying compensation to the petitioner, for the death of his son due to electrocution, as illegal and arbitrary.

2.

Heard the learned counsel for the petitioner and Sri N.Siva Reddy, learned Standing Counsel for the Andhra Pradesh State Power Distribution Company Limited.

3.

The petitioner is the father of one Dandi Vinod Kumar. On 26.10.2012 Vinod Kumar was removing the creepers on the electric poll in their agricultural land, as per the directions of the Shift operator in 11 KV Kasaram Feeder in Chittoor District. Without notice to the petitioner, the operator restored the power supply, due to which, Vinod Kumar died of electrocution. The petitioner got issued legal notice dated 22.2.2016 requesting the respondents to pay compensation of Rs.15,00,000/-. The petitioner also submitted a representation to the respondents requesting to pay compensation. For one reason or the other, the respondents did not pay compensation to the petitioner. The factum of death of Dandi Vinod Kumar, due to electrocution, is not being denied by the respondents.

4.

At the time of hearing, learned counsel for the petitioner submitted that the first respondent issued S.O.O (CGM-HRD) Rt.No.761, dated 26.10.2013 with regard to payment of ex-gratia in

case of fatal accidents to non-departmental persons and animals due to electrocution.

5.

Taking into consideration the facts and circumstances of the case, the respondents are hereby directed to consider the case of the petitioner in the light of the above Circular order or any other order issued to that effect from time, and pass appropriate orders, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of a copy of this order. 6.

With the above direction, the writ petition is disposed of. Miscellaneous petitions, if any pending in this writ petition, shall stand closed.

________________________ T.SUNIL CHOWDARY, J April 17, 2018.

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