R.Anjalai v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH R.Anjalai ... Petitioner -vs1.The State of Tamil Nadu, Represented by its Principal Secretary to the Government, Energy Department, Secretariat, Chennai - 600 009.
2.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Rep. by its Chairman and Managing Director, 10th Floor, NPKKR Maligai, 144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, Madurai Electricity Distribution Circle, Race Course Road, K.Pudur, Madurai - 625 007.
4.The Assistant Engineer (Melur / North), MDU/East, Distribution - TANGEDCO, Trichy Main Road, Karungalakudi, Melur Taluk, Madurai - 625 101.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay an amount of
Rs.20,00 000/- (Twenty Lakh) to the petitioner's family as compensation for the death of the petitioner's husband V.Ganesan due to electrocution, within a stipulated time.
For Petitioner : Mr.N.Karthikkanna For R1 and R2 : Mr.J.K.Jayaselan Government Advocate For R3 and R4 : Mr.S.Deenadhayalan Standing Counsel
ORDER
This Writ Petition has been filed seeking a direction to the respondents to pay an amount of Rs.20,00 000/- (Twenty Lakh) to the petitioner's family as compensation for the death of the petitioner's husband V.Ganesan due to electrocution.
2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.
3. Seeking to receive compensation of Rs.20,00,000/- for the death of her husband due to electrocution, the petitioner submitted a representation dated 05.02.2025 to the third respondent. Since it has not been considered so far, 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 third respondent herein to consider the petitioner's representation dated 05.02.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, within a period of two 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 third 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 02.04.2025 Index : Yes / No smn2 To:- 1.The Principal Secretary to the Government of Tamil Nadu, Energy Department, Secretariat, Chennai - 600 009.
2.The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 10th Floor, NPKKR Maligai, 144, Anna Salai, Chennai - 600 002.
3.The Superintending Engineer, Madurai Electricity Distribution Circle, Race Course Road, K.Pudur, Madurai - 625 007.
4.The Assistant Engineer (Melur / North), MDU/East, Distribution - TANGEDCO, Trichy Main Road, Karungalakudi, Melur Taluk, Madurai - 625 101.
VIVEK KUMAR SINGH , J.
smn2 02.04.2025