Karuppayal v. Chief Engineer (Personnel)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No. 28442 of 2021 and W.M.P. No. 30038 of 2021

1. Karuppayal

2. Murugesan .. Petitioners

Versus

1. The Chief Engineer (Personnel) TANGEDCO No.144, Anna Salai Chennai - 600 001

2. Superintending Engineer TANGEDCO Gobi Electricity Distribution Circle OV 110 KV Sub Station Campus Gobi-South - 638 476\

3. Executive Engineer O & M TANGEDCO Baskaran Street Gobichettypalayam - 638 452

4. Assistant Executive Engineer TANGEDCO Bharathi Street Gobichettypalayam - 638 452 .. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents herein to pay sum of Rs.10,00,000/- as compensation to the petitioners herein for the death of Annalakshmi. For Petitioners : Mr. P.R. Balasubramanian For Respondents :

Mr. Abdul Kalam Standing Counsel

O R D E R

Mr.Abdul Kalam, learned Standing Counsel takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final disposal at the time of admission itself.

2.The present writ petition has been filed seeking a direction to the respondents to pay sum of Rs.10,00,000/- as compensation to the petitioners herein for the death of one Mrs.Annalakshmi.

3.According to the petitioner, her daughter namely Mrs. Annalakshmi was living with him by rearing cattles for their livelihood. While so, on 12.09.2020, she was found dead in the farm situated at Periya Avarangkattu Thottam with live electric wire tangled around her. Further, his grandson namely Mr.Ganesan Krishna lodged a complaint with regard to the death of his mother before the Siruvallur Police Station registered as Cr.No.256/2020 under Section 174 of IPC and the same was closed on the ground stating that further action dropped. Further, he states that his daughter was the sole person he was dependent with and due to the negligence on the part of the respondents, she is no more. Hence, he sent a legal notice dated 27.03.2021 to the respondents Nos.1 to 4 to pay a sum of Rs.10,00,000/- as compensation for her death. The said legal notice has not acted upon till date and the same is pending, without any consideration. Therefore, this writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to pay the eligible amount to the petitioners within the stipulated period as fixed by this Court.

5. The learned Standing Counsel appearing on behalf of the respondents submitted that the eligible amount will be paid in favour of the legal heirs.

6.Considering the limited relief sought for in this writ petition, this court, without going into the merits of the case, directs the petitioner to send a fresh representation to the respondents along with relevant documents and also a copy of this order. After receiving the said representation, the concerned respondents shall consider the representation and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the aforesaid direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar rli To

1. The Chief Engineer (Personnel) TANGEDCO No.144, Anna Salai Chennai - 600 001

2. The Superintending Engineer TANGEDCO Gobi Electricity Distribution Circle OV 110 KV Sub Station Campus Gobi-South - 638 476

3. The Executive Engineer O & M TANGEDCO Baskaran Street Gobichettypalayam - 638 452

4. The Assistant Executive Engineer TANGEDCO Bharathi Street Gobichettypalayam - 638 452 +1cc to Mr. P.R. Balasubramanian, Advocate, S.R.No.964 +1cc to Mr. Abdul Kalam, Advocate, S.R.No.1914 W.P. No. 28442 of 2021 and W.M.P. No. 30038 of 2021 KSM[co] NSK 24/01/2022