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Madras High CourtWP/10641/2019disposed of

Rani v. The Chairman

2022-01-31Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10641 OF 2019 Rani

...Petitioner

Vs.

1.The Chairman, Tamil Nadu Generation of Electricity and Distribution Corporation Anna Salai, Chennai 600 002.

2.The Superintending Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation, Cuddalore District, Cuddalore.

3.The Assistant Executive Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation, Panruti, Cuddalore District.

...Respondents

Prayer :

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus Directing the Respondents to pay the compensation of a sum of Rs.25,00,000/- for the death of the deceased Murugan aged about 30 years died on account of Electrocution on 2-2-1998 to the petitioner based on her representation dated 9-8-2013 within the stipulated time that may be fixed by this Court forthwith.

For Petitioner :

Mr.D.S.Thirumavalavan For Respondent :

Mr.L.Jaivenkatesh Standing Counsel

O R D E R

The petitioner has filed this petition seeking issuance of Writ of Mandamus to direct the Respondents to pay the compensation of a sum of Rs.25,00,000/- for the death of the

deceased Murugan aged about 30 years died on account of Electrocution on 2-2-1998 to the petitioner based on her representation dated 9-8-2013 within the stipulated time that may be fixed by this Court forthwith.

2. The case of the petitioner is that the petitioner have three children. On 02.02.1998, her husband Murugan was walking nearby the Railway Gate, and on that time, the live electric wire hanging in lower range, fell on her husband and he was electrocuted on the spot and died and a case was registered before the law enforcing agency in that regard. It is alleged by the petitioner that the death was caused due to the negligence of the respondent officials in not properly maintaining the electric wires. Hence, the petitioner has repeatedly approached the respondents in person for fair compensation. Since no proper reply was made, the petitioner have made a written representation dated 18.04.2013 and 09.08.2013 to the respondent Board requesting to pay the just and reasonable compensation for the death of her husband, however so far no action has been initiated and therefore, the petitioner also made another representation dated 12.08.2013 and the same was also not considered by the respondents and hence the petitioner is constrained to approach this Court by filing this Writ Petition.

3. The learned counsel for the petitioner submits that it would suffice if this Court issues direction to the 1st respondent to pay an admissible amount of compensation in favour of the petitioner and further if such compensation is not satisfactory, the petitioner may be granted liberty to file appropriate application before the District Legal Services Authority under the Victims Compensation Act, for enhancement of the compensation amount.

4. The learned Standing Counsel appearing for the electricity Board submitted that the petitioner's representation will be considered in the manner known to law and appropriate orders will be passed by the 1st respondent.

5. In view of the aforesaid submission of the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case directs the 1st respondent to consider the petitioner's representation dated 09.08.2013, in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order and for ready reference, the petitioner is directed to send copy of the representation along with order copy to the respondents and if the petitioner feels that the compensation amount is not satisfactory, the petitioner is granted liberty to file appropriate application before the District Legal Services Authority under the Victims Compensation Act, for enhancement of

the compensation amount. This writ petition is accordingly disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar sk To 1.The Chairman, Tamil Nadu Generation of Electricity and Distribution Corporation Anna Salai, Chennai 600 002.

2.The Superintending Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation, Cuddalore District, Cuddalore.

3.The Assistant Executive Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation, Panruti, Cuddalore District.

+1cc to Mr.L.Jaivenkatesh, Advocate Sr.No.6149 +1cc to M/s.D.S.Thirumavalavan, Advocate Sr.No.5798 W.P.No.10641 of 2019 PMK(CO) RVM(01/03/2022)