J.Mohammed Jinose v. The Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17/10/2022 C O R A M THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR a n d W.M.P.No.1131 of 2017 J.Mohammed Jinose ...
Petitioner Vs
1. The Secretary to Government Energy Department Fort St. George, Secretariat Chennai.
2. The Chairman-cum-Managing Director Tamil Nadu Electricity Board 10th Floor, NPKRR Maaligai 144 Anna Salai Chennai 2.
3. The Superintending Engineer Electricity Distribution Circle Nagercoil Tamil Nadu Electricity Board Kanyakumari District.
...
Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to pay Page No:1/6
compensation of Rs.25,00,000/- to the petitioner for the grave injuries sustained by him due to the gross negligence act of the respondents in maintaining the electric pole which resulted in falling on his head. For petitioner ...
Mr.AR.Balaji for Mr.G.Dinesh Kumar For respondents ...
Mr.P.Sathish Additional Government Pleader for R.1.
Mr.Abul Kalam for R.R.2 and 3 - - - - -
O R D E R
This writ petition has been filed to direct the respondents to pay compensation of Rs.25,00,000/- to the petitioner for the grave injuries sustained by him due to the gross negligence act of the respondents in maintaining the electric pole which resulted in falling on his head.
2. The case of the petitioner is that on 8/8/2013, at about 11 a.m., coconut tree got uprooted and fell on the low tension line of the Tamil Nadu Electricity Board. Since the petitioner was standing nearby, he got injured. Hence prays for compensation.
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3. On an earlier occasion, the learned Standing Counsel appearing for the respondents submitted that there is no negligence on the part of the respondents in maintaining the L.T lines and poles. This unfortunate incident had happened due to the act of God. Hence, the respondents are not liable to pay compensation.
4. The learned Standing Counsel further submitted that as per the Board's Resolution, maximum compensation payable by them is Rs.1,00,000/- Rupees One lakh only). Hence, vide, order, dated 21/9/2022, this Court had directed the respondents to draw a Demand Draft in favour of the petitioner for a sum of Rs.1,00,000/- and produce the same before this Court, on 17/10/2022.
5. Accordingly, the matter is listed today.
6.
Heard Mr.AR.Balaji, learned counsel for the petitioner, Mr.L.S.M.Hasan Fizal, learned Additional Government Pleader for the first respondent and Mr.Abul Kalam, learned counsel for the respondents 2 and 3. Page No:3/6
7. Pursuant to the above direction, learned Standing Counsel appearing for the respondents produced a cheque, bearing No.065081, dated 13/10/2022, drawn on M/s. Canara Bank, in favour of the petitioner, for a sum of Rs.1,00,000/- (Rupees One lakh only) and the same was handed over to the learned counsel appearing for the petitioner.
8. In view of the above, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed. 17/10/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
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To
1. The Secretary to Government Energy Department Fort St. George, Secretariat Chennai.
2. The Chairman-cum-Managing Director Tamil Nadu Electricity Board 10th Floor, NPKRR Maaligai 144 Anna Salai Chennai 2.
3. The Superintending Engineer Electricity Distribution Circle Nagercoil Tamil Nadu Electricity Board Kanyakumari District.
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N. SATHISH KUMAR, J mvs.
W.P.No.1191 of 2017 17/10/2022 Page No:6/6