M.Manikarthick v. The Chairman Cum Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.Manikarthick ... Petitioner -vs1.The Chairman cum Managing Director, TANGEDCO, 6th Floor, TANTRANSCO Building, 144, Anna Salai, Chennai - 600002.
2.The District Collector, Virudhunagar District, Virudhunagar.
3.The Chief Engineer, TANGEDCO Tirunelveli Zone, Maharaja Nagar, Palayamkottai, Tirunelveli - 627011.
4.The Superintending Engineer, TANGEDCO, Ramamoorthi Road, Virudhunagar, 5.The Executive Engineer, TANGEDCO, Sivakasi Distribution Circle, Sivakasi, Virudhunagar District.
6.The Assistant Executive Engineer, TANGEDCO, Sattur Distribution Circle, Sattur, Virudhunagar District.
7.The Assistant Electrical Engineer, TANGEDCO, Rural East Office, N.Mettupatti Village - 626202, Sattur Taluk, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 7 to consider the representation dated 22.11.2024, make payment of compensation of Rs.25 lakhs to the petitioner on account of the death of his child Samyuktha, due to the negligence and carelessness of the respondents. For Petitioner : Mr.V.Sasikumar For R1 and R3 to R7 : Mr.S.Deenadhayalan Standing Counsel For R2 : Mr.J.K.Jayaselan Government Advocate
ORDER
This Writ Petition has been filed seeking a direction to the respondents 1 to 7 to consider the representation of the petitioner, dated 22.11.2024 and to pay a sum of Rs.25 lakhs towards compensation to the petitioner on account of the death of his child Samyuktha, due to the negligence and carelessness of the respondents.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3.According to the petitioner, on 30.09.2024, at around 08:30 a.m., his child, Samyuktha, inadvertently came into contact with a TANGEDCO iron electric post, as a result of which, she was thrown away with electrical burn injuries. Unfortunately, she later died. Hence, the petitioner sent a representation dated 22.11.2024 to the respondents, seeking compensation of Rs.25 lakhs for the death of his child, Samyuktha. However, no action has been taken by the officials so far. Therefore, the petitioner has filed the present writ petition.
4. Heard both sides.
5. 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.
6. In the light of the above observations, there shall be a direction to the fourth respondent herein to consider the petitioner's representation dated 22.11.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of three months 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 fourth respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs.
NCC : Yes / No 13.03.2025 Index : Yes / No smn2
To:- 1.The Chairman cum Managing Director, TANGEDCO, 6th Floor, TANTRANSCO Building, 144, Anna Salai, Chennai - 600002.
2.The District Collector, Virudhunagar District, Virudhunagar.
3.The Chief Engineer, TANGEDCO Tirunelveli Zone, Maharaja Nagar, Palayamkottai, Tirunelveli - 627011.
4.The Superintending Engineer, TANGEDCO, Ramamoorthi Road, Virudhunagar, 5.The Executive Engineer, TANGEDCO, Sivakasi Distribution Circle, Sivakasi, Virudhunagar District.
6.The Assistant Executive Engineer, TANGEDCO, Sattur Distribution Circle, Sattur, Virudhunagar District.
7.The Assistant Electrical Engineer, TANGEDCO, Rural East Office, N.Mettupatti Village - 626202, Sattur Taluk,
VIVEK KUMAR SINGH , J.
smn2 13.03.2025