Elumalai v. The Chairman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2023

CORAM

MR.JUSTICE N.SESHASAYEE Elumalai ... Petitioner Vs.

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

(suo motu amended as per the order of this Court dated 23.08.2023 in W.P.No.24775 of 2023 by NSSJ) 2.The District Collector, Tiruvannamalai District, Tiruvannamalai-606 604.

3.The Superintending Engineer, Tiruvannamalai Electricity Distribution Circle, Tiruvannamalai-606 604 ... Respondents 1/6

PRAYER: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 to 3 herein to take action against the staffs and employees under the control of the third respondent herein, and direct the respondents to pay a sum of Rs.10,00,000/- as a compensation and other benefits as stipulated by the Tamil Nadu Government in this regard, if any, based on the petitioner's representation dated 01.08.2023.

For Petitioner : Mr.V.Ramanareddy For Respondents : Mr.V.Manoharan Additional Government Pleader for R2 M/s.Daniel Marry Standing Counsel for R1 and R3

ORDER

By consent, this writ petition is taken up for final disposal at the admission stage itself.

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2.The petitioner's father was electrocuted and has passed away. Hence, this petition is filed seeking compensation.

3.Mr.V.Manoharan, the learned Additional Government Pleader takes notice for the second respondent and M/s.Daniel Mary, the learned Standing Counsel takes notice for respondents 1 and 3. 4.Learned counsel for the petitioner informs the Court that by mistake the first respondent in the cause title is mentioned as the Secretary, TANGEDCO, whereas it is ought to be the Chairman, TANGEDCO, NPKRR Maaligai, No.144, Annasalai, Chennai-600 002.

5.In view of the statement made by the learned counsel for the petitioner, this Court suo motu amends the first respondent as the Chairman, TANGEDCO, NPKRR Maaligai, No.144, Annasalai, Chennai-600 002. 6.The Registry is now required to carry out the necessary amendment in the cause title.

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7.M/s.Daniel Mary, the learned Standing Counsel for respondents 1 and 3, on instruction, made a statement that the third respondent has already forwarded the representation of the petitioner to the first respondent and the matter is pending with the latter. He also added that the petitioner may have to provide a legal heir certificate, and if there are more than one heir to the deceased, then a NOC from other heirs for him to receive the compensation on behalf of all.

8.Since, there is some forward movement in the representation of the petitioner seeking compensation, this Court now merely directs the petitioner to provide a legal heir certificate along with the NOC as required to the third respondent, to enable the third respondent to forward the same to the first respondent, and to enable the latter to consider the case of the petitioner. 9.This Court now merely directs that the entire exercise be concluded within a period of twelve (12) weeks from the date on which the petitioner provides the documents as stated above to the third respondent. 4/6

10.This writ petition is disposed of with the above directions. No Costs. 23.08.2023 Anu Index : Yes / No To 1.The Chairman, TANGEDCO, NPKRR Maaligai, No.144, Annasalai, Chennai-600 002., 2.The District Collector, Tiruvannamalai District, Tiruvannamalai-606 604.

3.The Superintending Engineer, Tiruvannamalai Electricity Distribution Circle, Tiruvannamalai-606 604 N.SESHASAYEE, J.

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Anu 23.08.2023 6/6