Madras High CourtWP/14143/2016disposed of

Murugammal v. The Asst. Executive Engineer

2016-04-18Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2016

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.14143 of 2016 Murugammal .. Petitioner v.

1 The Asst. Executive Engineer (O & M) Office of Assistant Executive Engineer Uthanpalli, Hosur Taluk Krishnagiri District 2 The Superintending Engineer Krishnagiri Electricity Distribution Circle Hosur Krishnagiri 3 The Chairman Anna Salai Chennai 600 002 .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, directing the respondents to pay to the petitioner and her children the compensation of Rs.10,00,000/- (Rupees ten lakhs only) for the death of her husband due to the electric shock due to dereliction of duty by the respondents For Petitioner : Mr.H.B.Saravanakumar For Respondent : Mr.M. Varunkumar Standing Counsel - TNEB

ORDER

The petitioner has filed the above writ petition to issue a Writ of Mandamus to direct the respondents to pay the petitioner and her children a compensation of Rs.10,00,000/- (Rupees ten lakhs only) for the death of her husband due to the electric shock due to dereliction of duty by the respondents .

2. When the matter is taken up for hearing, Mr.H.B.Saravanakumar, learned counsel appearing for the petitioner, submitted that instead of granting the relief sought for in the writ petition, it would be suffice to direct the respondents to consider the petitioner's representation dated 05.02.2016, within a stipulated time. 3 .Mr.M. Varunkumar, learned Standing Counsel, takes notice for the respondents and submitted that the first respondent may be directed to consider the petitioner's representation dated 05.02.2016, on merits and in accordance with law, within a stipulated time.

4. Since the relief sought for in the writ petition is a matter for evidence, it cannot be granted. It is open to the first respondent to consider the petitioner's representation dated 05.02.2016 and decide the same, on merits and in accordance with law.

With this observation, the writ petition is disposed of. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar Rj To 1 The Asst. Executive Engineer (O & M) Office of Assistant Executive Engineer Uthanpalli, Hosur Taluk Krishnagiri District

2 The Superintending Engineer Krishnagiri Electricity Distribution Circle Hosur Krishnagiri 3 The Chairman Anna Salai Chennai 600 002 +1 cc to M/s.H.B.Saravanakumar Advocate sr.24070 +1 cc to M/s.M.Varunkumar Advocate sr.23989 W.P.No.14143 of 2016 aa27/04/2016