Lathifa v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Lathifa ... Petitioner Vs.

1.The Chairman, Tamilnadu Electricity Board, Anna Salai, Chennai - 600 002.

2.The Executive Engineer, Operation and Maintenance, TANGEDCO, Ambatthur, Chennai - 600 053.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to pay a sum of Rs.10,00,000/- as damages to the petitioner due to deliberate negligence and wanton carelessness on the part of them. For Petitioner : Ms.T.Nithya For Respondents : Mr.L.Jaivenkatesh

O R D E R

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The petitioner has filed this writ petition seeking issuance of Writ of Mandamus, directing the respondents to pay a sum of Rs.10,00,000/- as damages to the petitioner due to deliberate negligence and wanton carelessness on the part of them. 2.In the affidavit filed in support of this writ petition, the petitioner has stated that the petitioner got married with one M.Sirajudheen as per the Muslim Rights and Customs on 17.12.2006 and out of the wedlock, two male children were born namely, Sameerudheen, 14 years, studying IX Standard and Shabeerudheen, 11 years, studying VI Standard and they are studying in T.I.School at Ambattur, Chennai. On 03.12.2022 at about 6.45 p.m.

, when the petitioner's first son was returning home after finishing tution on Choolaimedu Main Road near Sathya Sai Hot Chips Restaurant, the foot pedal of her son's bicycle got caught in the dangling electric wire lying on the rod which was not properly tied to the electric pole, due to which, he was thrown to the ground and sustained injuries and his three front teeth fell out. The grievance of the petitioner is that due to the deliberate negligence and wanton carelessness on the part of the respondents this incident happened. In this regard, the petitioner made representation dated 01.02.

the same has not yet been considered. Hence, this writ petition. 3.The learned counsel appearing for the respondents submitted that the petitioner's son got caught in the cable wire and fell down and sustained injuries, however, the representation made by the petitioner will be considered and appropriate orders will be passed. 4.In view of the above, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 01.02.2023, on merits and in accordance with law and to pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No costs. 03.10.2024 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Chairman, Tamilnadu Electricity Board, Anna Salai, Chennai - 600 002.

2.The Executive Engineer, Operation and Maintenance, 3/4

TANGEDCO, Ambatthur, Chennai - 600 053.

M.DHANDAPANI,J.

pri 03.10.2024 4/4