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Madras High CourtWP/24997/2023disposed of

S.Ravi v. The Additional Chief Secretary

2024-04-17Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM S.Ravi ... Petitioner Vs.

1.The Additional Chief Secretary, Department Of Energy, Secretariat, Saint George Fort, Chennai 600 009.

2.The District Collector, District Collecterate, Chengalpattu, Chengalpattu District 3.The District Collector, District Collecterate, Kancheepuram, Kancheepuram District 4.The Revenue Divisional Officer, Chengalpattu, Chengalpattu District.

5.The Thahsildar Chengalpattu, Chengalpattu District.

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6.The Executive Engineer, Tamil Nadu Electricity Board, Guduvancheri East, Chengalpattu District 603 202 7.The Assistant Executive Engineer, Tamilnadu Electircity Board, Maraimalai Nagar, Chengalpattu District 603 209.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to grant compensation for the petitioner's son Abishek's death a sum of Rs 20,00,000/- (Twenty lakhs only) to the petitioner based on the representation of the petitioner dated 24.06.2023 stipulated time may be fixed by this Honourable Court.

For Petitioner : Mr.R.Muruga Bharathi For Respondents :

(for R1 to R.5 ) : Mr.T.Venkatesh Kumar, Special Government Pleader (for R.6 and R.7) : Mr.Jai Venkatesh, Senior Counsel to TANGEDCO

O R D E R

The writ petition has been instituted seeking compensation for the death of the petitioner's son Abishek.

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2. The son of the petitioner, who was studying in the 3rd standard, got electrocuted and died due to electrocution. The death, on account of electrocution, has not been disputed.

3. The learned counsel for the respondents would oppose by stating that some villagers have illegally tapped electricity from the Board's services, which resulted in electrocution of the boy. However, the deceased boy, aged about 8 years, is unconnected with such allegation and he died admittedly on account of electrocution. In respect of such illegal tapping of electricity, the Board authorities have to prevent the same by taking adequate measures.

4. In the present case, the son of the petitioner who was aged about 8 years died due to electrocution. Therefore, the petitioner is entitled for compensation on compassionate ground as per the Board proceedings. The Board has determined a sum of Rs.5,00,000/- (Rupees Five Lakhs Only), for the death due to electrocution. Therefore, the respondents are directed to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) along with the interest at the rate of 6% per annum, from the date of death till the date of payment to the petitioner, within the period of eight (8) weeks from the 3/6

date of receipt of a copy of this order.

5. Compensation granted in this writ petition is not a bar for the petitioner to seek enhancement of compensation, if they could able to establish negligence on the part of the board authorities by approaching the competent civil court of law.

6. With the above directions, the writ petition stands disposed of. No costs.

(sha) 17.04.2024 Index : Yes Speaking Order 4/6

To 1.The Additional Chief Secretary, Department Of Energy, Secretariat, Saint George Fort Chennai 600 009.

2.The District Collector, District Collecterate, Chengalpattu, Chengalpattu District 3.The District Collector, District Collecterate, Kancheepuram, Kancheepuram District 4.The Revenue Divisional Officer, Chengalpattu, Chengalpattu District.

5.The Thahsildar Chengalpattu, Chengalpattu District.

6.The Executive Engineer, Tamil Nadu Electricity Board, Guduvancheri East, Chengalpattu District 603 202 7.The Assistant Executive Engineer, Tamilnadu Electircity Board, Maraimalai Nagar, Chengalpattu District 603 209.

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S.M.SUBRAMANIAM . J., (sha) 17.04.2024 6/6