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Madras High CourtWP/26112/2023disposed of with direction

J.Punithakumari v. The Secretary To Government

2025-10-22Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI J.Punithakumari ... Petitioner Vs.

1 THE SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT, SECRETARIAT, ST. GEORGE PORT, CHENNAI - 600 009.

2 THE CHAIRMAN CUM MANAGING DIRECTOR TANGEDCO, TANTRANSCO BUILDING, 144, ANNA SALAI, CHENNAI - 600 002.

3 THE SUPERINTENDING ENGINEER, CHENNAI ELECTRICITY DISTRIBUTION CIRCLE, TANGEDCO, 144, ANNA SALAI, CHENNAI - 600 002.

4 THE ASSISTANT EXECUTIVE ENGINEER/O&M, TANGEDCO, SEMBIUM, CHENNAI - 600 0.

5 THE ASSISTANT ENGINEER/O&M, TANGEDCO, KOLATHUR, SATHIVEL NAGAR, CHENNAI - 600 082.

6 THE INSPECTOR OF POLICE V-6, KOLATHUR POLICE STATION, 1/7

CHENNAI - 600 099.

7 KALEEL 8 PRADEEP ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 2 to 5 to pay a compensation of Rs.50,00,000/- (Rupees Fifty Lakhs Only) to the petitioner since her husband Mr.Jaiseemaan died for Electrocuted on 16.09.2022 due to the negligence of the respondents based on the petitioner's representation dated 09.08.2023 within a time frame that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.R.Karunagaran For Respondents : Mrs.S.Anitha for R1 Special Government Pleader Mr.L.Jaivenkatesh for R2 to R5 Standing Counsel Mr.S.Balaji for R6 Government Advocate (Crl. Side)

O R D E R

This writ petition has been filed seeking issuance of Writ of Mandamus to direct the respondents 2 to 5 to pay a compensation of Rs.50,00,000/- (Rupees Fifty Lakhs Only) to the petitioner since her husband Mr.Jaiseemaan died for Electrocuted on 16.09.2022 due to the negligence of the respondents based on the petitioner's representation dated 09.08.2023 within a time frame that may be 2/7

stipulated by this Court.

2.The learned counsel appearing for the petitioner submitted that on 13.09.2022, the respondents 7 and 8 called the petitioner's husband for electric and plumbing work and on the same day at 11.00a.m., the petitioner's brother - in - law called over phone and informed that the petitioner's husband got electric shock and was admitted in Government Hospital, Periyar Nagar, Chennai. Thereafter, the petitioner's husband was rushed to Kilpauk Hospital for further treatment, however, he died on 16.09.2022 due to electrocution. However, neither the private respondents nor the official respondents paid any compensation to the petitioner. Hence the petitioner made representation to the respondents seeking compensation for her husband's death, however, there is no response. 3.

The learned counsel appearing for the petitioner further submitted that the electricity board has to follow distance norms as per the standard clearances and spacings for construction works and it has to maintain prescribed distance between private building and tower line.

maintaining the distance norms.

4.The learned Special Government Pleader appearing for the first respondent submitted that the petitioner did not make any allegation against the official respondents and she made allegation only against the private respondents and hence, the private respondents alone have to pay compensation to the petitioner.

5.The learned Standing Counsel appearing for the respondents 2 to 5 submitted that the above incident happened only due to the negligence on the part of the private respondents who have constructed the building nearby the existing tower line. For the above negligence, electricity board need not pay compensation to the petitioner.

6.This Court perused TANGEDCO Proceedings No.6, dated 16.10.2019 which reveal that the electricity board agree to pay exgratia amount for those who died due to electrocution; those who lost two limbs or two eyes; those who lost one limb or one eye and for animals (cow/ buffalow/ bullock).

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7.The allegation against the electricity board is that the hypertension wire passes through the terrace of the building owned by the private respondents, which is within 3 feet from the building, thereby, the petitioner's husband who was deputed by the private respondents for electric and plumbing work died due to electocution. 8.Since negligence aspect and other issues are not discussed in the TANGEDCO Proceedings and in respect of fatal due to electrocution, a sum of Rs.5,00,000/- is payable towards exgratia, this Court directs the respondents 2 to 5 to disburse a sum of Rs.5,00,000/- (Rupees Five Lakhs Only) towards exgratia to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

If at all the petitioner is aggrieved by the above said exgratia amount, the petitioner is at liberty to make appropriate application before the District Legal Services Authority under the Victim Compensation Scheme within a period of two weeks from the date of receipt of a copy of this order, along with a copy of this order.

hearing to the petitioner and aggrieved persons, if any. 9.With the above directions, this writ petition is disposed of. No costs.

22.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1 THE SECRETARY TO GOVERNMENT, ENERGY DEPARTMENT, SECRETARIAT, ST. GEORGE PORT, CHENNAI - 600 009.

2 THE CHAIRMAN CUM MANAGING DIRECTOR TANGEDCO, TANTRANSCO BUILDING, 144, ANNA SALAI, CHENNAI - 600 002.

3 THE SUPERINTENDING ENGINEER, CHENNAI ELECTRICITY DISTRIBUTION CIRCLE, TANGEDCO, 144, ANNA SALAI, CHENNAI - 600 002.

4 THE ASSISTANT EXECUTIVE ENGINEER/O&M, TANGEDCO, SEMBIUM, CHENNAI - 600 0.

5 THE ASSISTANT ENGINEER/O&M, TANGEDCO, KOLATHUR, SATHIVEL NAGAR, CHENNAI - 600 082.

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6 THE INSPECTOR OF POLICE V-6, KOLATHUR POLICE STATION, CHENNAI - 600 099.

M.DHANDAPANI,J.

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