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Madras High CourtWP/13261/2024disposed of with direction

Thangaraj v. The Chairman

2025-11-06Honourable Mr Justice M.Dhandapani8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI Thangaraj S/o.Ayyakannu, West Street - Colony, Karadi Chittur Village, Chinnasalem Taluk, Kallakurichi District.

Petitioner(s) Vs

1. The Chairman TANGEDCO, NPKRR Maaligai, No.144, Annasalai, Chennai - 600 002.

2.The District Collector, Kallakurichi District, Kallakurichi - 606 202 3.The Assistant Executive Engineer Kallakurichi Electricity Distribution Circle, Kallakurichi - 606 202.

4.The Assistant Engineer Operation & Maintenance, TANGEDCO, Mathur, Kallakurichi - 606 202.

5.The Block Development Officer Chinnasalem Block, Kallakurichi Taluk, Kallakurichi - 606 201.

6.The President Karadi Chittur Panchayat, Chinnasalem Taluk, Kallakurichi - 606 201.

Respondent(s) PRAYER This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of Mandamus, directing the respondents No.1 to 6 to pay a sum of Rs.10,00,000/- as a compensation and other benefits as stipulated by the Tamil Nadu Government in the regard, if any, based on the petitioner's representation dated 15.12.2023.

For Petitioner(s):

Ms.M.Malaviya For Respondent(s):

Ms.Daniel Mary, Standing Counsel for R1, R3 & R4 Mr.P.Ganesan, Additional Government Pleader for R2, R5 & R6

ORDER

This writ petition is filed for a direction to the respondents No.1 to 6 to pay a sum of Rs.10,00,000/- as compensation and other benefits as stipulated by the Tamil Nadu Government in the regard, if any, based on the petitioner's

representation dated 15.12.2023.

2.The learned counsel for the petitioner would submit that the petitioner's son was employed as a daily wage worker with the sixth respondent panchayat. As per the direction of the sixth respondent panchayat, when the petitioner's son was doing his official duty, he contacted live wire improperly maintained by the TANGEDCO, thereby, he was electrocuted and died on the spot. Therefore, the petitioner has filed the present writ petition for a direction to the respondents 1, 3 & 4 to pay compensation to the petitioner in terms of TANGEDCO Proceedings No.6, dated 16.10.2019.

3.The learned counsel for the petitioner would further submit that the as per the said proceedings, the respondent TANGEDCO, irrespective of the mistake, shall provide ex-gratia compensation of Rs.5,00,000/- to the family of the victim, in case of death of the victim due to electrocution, however, the said benefit was not extended to the petitioner. Therefore, the learned counsel prayed for appropriate direction to the respondents to grant the said benefit to the

petitioner.

4.Per contra, the learned Standing Counsel appearing for the respondents 1, 3 and 4/TANGEDCO would submit that the petitioner's son climbed the electric pole on his own and got contact with live wire and thereby, lost his life and that for his negligence, the TANGEDCO need not pay any compensation to the petitioner and accordingly, prays for dismissal of the present writ petition. 5.Heard the learned counsel for the petitioner and the learned counsel for the respondents and perused the materials available on record. 6.Admittedly, the petitioner's son died due to electrocution. As per TANGEDCO Proceedings No. 6 dated 16.10.2019, the TANGEDCO shall pay a compensation of Rs.5,00,000/- to the family of the victim, in case of death of the victim due to electrocution. In view of the above, there shall be a direction to the respondents 1, 3 and 4/TANGEDCO to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) to the petitioner, within a period of eight (8) weeks

from the date of receipt of a copy of this order. Further, the petitioner is at liberty to approach the District Legal Services Authority, seeking enhancement of compensation.

7.The Writ Petition is disposed of accordingly. No costs. 06-11-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Chairman TANGEDCO, NPKRR Maaligai, No.144, Annasalai, Chennai - 600 002.

2.The District Collector, Kallakurichi District, Kallakurichi - 606 202 3.The Assistant Executive Engineer Kallakurichi Electricity Distribution Circle, Kallakurichi - 606 202.

4.The Assistant Engineer Operation & Maintenance, TANGEDCO, Mathur, Kallakurichi - 606 202.

5.The Block Development Officer Chinnasalem Block, Kallakurichi Taluk, Kallakurichi - 606 201.

6.The President Karadi Chittur Panchayat, Chinnasalem Taluk, Kallakurichi - 606 201.

M.DHANDAPANI J.

Tsg

06-11-2025