D. Subharani v. The Chairman Cum Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH D.Subharani : Petitioner Vs.

1. The Chairman Cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), NPKRR Maaligai, 144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, (Distribution), (TANGEDCO), NRT Nagar, Main Road, Theni - 625 531.

3. The Executive Engineer, O/o. Executive Engineer (East), Corporation Ltd.

(TANGEDCO), Theni Electricity Distribution Circle, Near JC Petrol Bulk, Madurai Road, Periyakulam - 625601.

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4. The Assistant Executive Engineer, O/o. the Assistant Executive Engineer (West), (TANGEDCO) Andipatti West, Andipatti - 625512.

5. The Assistant Engineer, Corporation Ltd. (TANGEDCO), Mayeeladumparai - 625 579.

Andipatti Taluk, : Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents herein to pay compensation to the petitioner for the death of the husband of the petitioner namely Deivendiran who died due to electrocution on 25.10.2024 due to the negligence on the part of the respondents herein within the time limit as stipulated by this Hon'ble Court. For Petitioners : Mr.M.Karuppasamypandian For Respondents : Mr.S.Deenadhayalan Standing Counsel

O R D E R

This Writ Petition has been filed seeking a direction to the respondents to provide compensation for the death of the husband of the petitioner, namely, Deivendiran, who was electrocuted on 25.10.2024, due to the negligence of the respondents.

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2. The petitioner submits that her husband was a construction worker and on 25.10.2024, while engaged in centring work, he was electrocuted. The primary allegation against the respondents is that due to their negligent and careless handling of the main electric service wire lines, this tragic incident occurred. The petitioner submitted a representation to the respondents, requesting compensation for the death of her husband. However, as no action has been taken, the petitioner has now filed the present Writ Petition.

3. Heard both sides.

4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

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5. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representation dated 18.12.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the second respondent to consider the same on its own merits.

6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 19.02.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Chairman Cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), NPKRR Maaligai, 144, Anna Salai, Chennai 600 002.

2. The Superintending Engineer, (Distribution), (TANGEDCO), NRT Nagar, Main Road, Theni - 625 531.

3. The Executive Engineer, O/o. Executive Engineer (East), Corporation Ltd.

(TANGEDCO), Theni Electricity Distribution Circle, Near JC Petrol Bulk, Madurai Road, Periyakulam - 625601.

4. The Assistant Executive Engineer, O/o. the Assistant Executive Engineer (West), (TANGEDCO) Andipatti West, Andipatti - 625512.

5. The Assistant Engineer, Corporation Ltd. (TANGEDCO), Mayeeladumparai - 625 579.

Andipatti Taluk, 5/6

VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.948 of 2025 19.02.2025 6/6