Madras High CourtWP/449/2024disposed of with direction

M.Kavitha v. The Chairman

2025-11-03Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2025

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI M.Kavitha ... Petitioner Vs.

1.The Chairman, Office of the Tamil Nadu Electricity Board, Mount Road, Chennai-600 002.

2.The Secretary, Office of the Tamil Nadu Government Secretariat, St. George Fort, Chennai-600 009.

3.The District Collector, Collectorate, Krishnagiri District-635 001.

4.The Supervising Engineer, (Director & Administration), Tamil Nadu Electricity Board, Elathakiri, Krishnagiri District.

5.The Chief Engineer (Distribution).

Tamil Nadu Electricity Board, Vellore.

6.The Assistant Engineer (General), Tamil Nadu Electricity Board, Krishnagiri.

7.The Assistant Engineers, Tamil Nadu Electricity Board, Bargur, Pochampalli, Krishnagiri District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to pay a compensation and provide a job for petitioner livelihood taking care of children due to the death of the petitioner's husband late Murugesan that has taken place on 15.10.2022 due to the fall of live electricity wire on the deceased.

For Petitioner :

Mr.P.Dhanasekar For Respondent-2 & 3 :

Mr.M.Rajendiran, AGP For Respondent :

Mr.Madhusudanan Nos.1, 4, 5 to 7 Standing Counsel

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 to 3 to pay compensation and provide a job to the petitioner for her livelihood and for taking care of her children, due to the death of her husband Late Murugesan that has taken place on 15.10.2022 due to the fall of live electricity wire on the deceased.

2. Heard the learned counsels on either side.

3. The short facts of the case is as follows: 3.1. The petitioner's husband was an agricultural coolie and milk supplier to co-operative society. The petitioner has five children viz., four female and one male. On 15.10.2022, when the petitioner's husband was returning home after supplying milk to the society in his two wheeler along with his second daughter, a live electrical wire fell on him and caused his death. A criminal complaint was registered and the same is under investigation. The petitioner made a representation to the respondents 4 to 7 to pay compensation for which she has been called by the department and accepted to give compensation but the same was not reasonable.

4. Aggrieved by the same, the petitioner has come forward with the present Writ Petition.

5. The learned counsel for the petitioner submitted that the petitioner has five children, among them four female and one male which is of unsound mind and is struggling for her livelihood and to take care of her

children. He further submitted that the petitioner has sought for Rs.1 Crore as compensation to her husband's death from the respondents for their negligence. Thus, he prayed this Court to allow the petition.

6. The learned Standing Counsel appearing for the respondents submitted that, in respect of fatal due to electrocution, a sum of Rs.5,00,000/- is payable towards ex-gratia in terms of TANGEDCO Proceedings No.6, dated 16.10.2019 and the same will be disbursed to the petitioner, within a reasonable time that may be fixed by this Court.

7. In response, the learned counsel for the petitioner submitted that this Court may grant liberty to the petitioner to approach the District Legal Services Authority as per Victim Compensation Scheme, for further compensation.

8. In view of the above, this Court, without going into the merits of the case, directs the respondents to disburse a sum of Rs.5,00,000/- (Rupees Five Lakhs only) towards ex-gratia to the petitioner, within a period of four

(4) weeks from the date of receipt of a copy of this order. If at all the petitioner is aggrieved by the above said ex-gratia 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

(2) weeks from the date of receipt of a copy of this order, along with a copy of this order. Upon receipt of the said application, the District Legal Services Authority shall consider it on its merits and in accordance with law and after adjudication, the District Legal Services Authority shall pass appropriate orders, within a period of twelve (12) weeks thereafter, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

9. With the above directions, this Writ Petition is disposed of. There shall be no orders as to costs.

03.11.2025 Index:Yes/No NCC :Yes/No Order : Speaking/Non Speaking DP

To 1.The Chairman, Office of the Tamil Nadu Electricity Board, Mount Road, Chennai-600 002.