M.Ellammal v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN M.Ellammal
...Petitioner
-Vs1.The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai.
2.The Superintending Engineer, Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Dharmapuri, Dharmapuri District.
3.The Executive Engineer (O&M), Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Dharmapuri - 636705 4.The Assistant Engineer (O & M) Tamil Nadu Electricity Board Dharmapuri.
5.Tamil Nadu State Transport Corporation (Salem) Ltd., Represented by the General Manager Dharmapuri.
... Respondents
Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to pay a sum of Rs.10,00,000/- towards compensation for the death of the petitioner's husband, caused by electrocution due to the negligence of the respondents. For Petitioner : Mr.E.Sathiyaraj For R1 to R4 : Mrs.Danial Mary Standing Counsel For R5 : M/s.R.Baby
ORDER
This Writ Petition has been filed for a direction directing the respondents to pay the compensation to the tune of Rs.10,00,000/- towards the death of her husband due to electrocution.
2. Heard the learned counsel appearing on either side and perused the materials available on record.
3. The petitioner's husband, who was engaged in collecting waste paper and selling in the waste paper mart, had gone to work on 08.03.2017. When her husband had visited Amma Drinking Water Shop situated at Dharmapuri Bus Terminal, he was electrocuted and died on 08.03.2017. FIR
has been registered in Crime No.267 of 2017 for the offence under Section 174 of Cr.P.C. After investigation, FIR was closed for the reason that Amma Drinking Water Shop did not possess any electricity service connection. The person, who was drinking in the shop had taken electrocuted power by theft due to which he died due to electrocution. It is claimed that the said person is the petitioner's husband. Therefore, no one is responsible for the electrocution death of the petitioner's husband. Hence, the petitioner is not entitled for any compensation and the writ petition is devoid of merits and is liable to be dismissed.
4. Accordingly, this Writ Petition stands dismissed. No costs. 17.04.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order Lpp To 1.The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai.
G.K.ILANTHIRAIYAN. J, Lpp 2.The Superintending Engineer, Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Dharmapuri, Dharmapuri District.
3.The Executive Engineer (O&M), Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Dharmapuri - 636705 4.The Assistant Engineer (O & M) Tamil Nadu Electricity Board Dharmapuri.
5.The General Manager, Tamil Nadu State Transport Corporation (Salem) Ltd., Dharmapuri.
17.04.2024