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Madras High CourtWP(MD)/3267/2023dismissed

A.Jothi v. The District Collector

2025-01-31Honourable Mr Justice G.K. Ilanthiraiyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN A.Jothi ... Petitioner Vs 1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintending Engineer, Tamilnadu Generation and Distribution Corporation Limited, District Collectorate Campus, Sivagangai, Sivagangai District.

3.The Executive Engineer, Tamilnadu Generation and Distribution Corporation Limited, Sipcot, Manamadurai, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 2 and 3 to pay compensation to the petitioner for death of her husband due to electric accident based on the petitioner's representation dated 05.03.2022.

For Petitioner : Mr.G.Gomathi Sankar For R - 1 : Mr.S.Shanmugavel Additional Government Pleader For RR 2 & 3 : Mr.S.Deenadhayalan 1/4

ORDER

This Writ Petition has been filed by the petitioner for a direction directing the respondents 2 and 3 to pay compensation for the demise of the petitioner's husband due to electrocution. 2.The petitioner's husband owned a tractor bearing Registration No.TN-30-U-1128 and he was engaged to drive the tractor for supply of water to the charcoal factory owned by one Ravi. While being so, on 29.07.2017 when the petitioner went to the charcoal factory for supply of water, he touched the electric motor and got electrocuted. Due to which, he died.

3.Admittedly, while the petitioner's husband was working in a private charcoal factory, got electrocuted and died. Therefore, there is no negligence on the part of the respondents 2 and 3 and no compensation can be awarded from the respondents 2 and 3 to the petitioner herein. Hence, this Writ Petition is devoid of merits and the same is liable to be dismissed. Accordingly, this Writ Petition is dismissed. However, the petitioner is at liberty to 2/4

approach the civil Court for appropriate relief as against the charcoal factory owner, in the manner known to law. There shall be no order as to costs.

31.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintending Engineer, Tamilnadu Generation and Distribution Corporation Limited, District Collectorate Campus, Sivagangai, Sivagangai District.

3.The Executive Engineer, Tamilnadu Generation and Distribution Corporation Limited, Sipcot, Manamadurai, Sivagangai District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 31.01.2025 4/4