Annakili v. Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.10514 of 2025 1.Annakili 2.Kathiresan 3.Nagaraj ... Petitioners -vs1. Government of Tamil Nadu, Represented by its Secretary TANGEDCO, Fort St. George, Chennai - 9.

2. The Chairman, TANGEDCO, Anna Salai, Chennai - 2.

3. The District Collector, Thoothukudi District, Thoothukudi.

4. The Superintending Engineer, Tamil Nadu Electricity Board, Thoothukudi District, Thoothukudi.

1/6

5. The Executive Engineer (Distribution), Tamil Nadu Electricity Board, Tiruchendur, Thoothukudi District.

6. The Assistant Executive Engineer (Distribution), Tamil Nadu Electricity Board, Arumuganeri, Thoothukudi District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay compensation of Rs.15,00,000/- (Fifteen Lakhs) for the death of husband of 1st petitioner and the father of the 2nd and 3rd petitioners namely Murugesan due to electrocution, pertaining to the FIR in Crime No.59 of 2016 dated 08.04.2016 on the file of Kurumbur Police Station, Tiruchendur Taluk, Thoothukudi District by considering the petitioners representation dated 28.08.2024. For Petitioner : Mr.S.R.Anbarasu For Respondents : Mr.J.K.Jayaselan, Government Advocate (R1 & R3) Mr.S.Deenadhayalan (R2 & R4 to R6)

ORDER

This writ petition has been filed seeking a direction to the respondents to pay compensation of Rs.15,00,000/- (Fifteen Lakhs) for the death of husband of 1st petitioner and the father of the 2nd and 3rd petitioners namely 2/6

Murugesan, due to electrocution, pertaining to the FIR in Crime No.59 of 2016 dated 08.04.2016 on the file of Kurumbur Police Station, Tiruchendur Taluk, Thoothukudi District by considering the petitioners' representation dated 28.08.2024.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The case of the petitioner is that the petitioner and her husband are agriculturalists. On 08.04.2016, when the petitioner's husband was doing his agricultural works, a live electrical wire which was passing through the neighbour's pumpset snapped with him, due to which, the petitioner sustained injuries all over his body and died on spot due to electrocution. The petitioners lodged a complaint and an FIR was also registered. The petitioners made a representation dated 28.08.2024 seeking compensation. Since the same has not been considered till date, this writ petition has been filed seeking the aforesaid relief.

4. The learned standing counsel appearing for the Electricity Board submitted that the accident had occurred in a private electricity service 3/6

connection and there is no fault on the part of the respondent board. He further submitted that after a period of 10 years from the date of the incident, the petitioners now seek compensation and the petitioners can approach appropriate forum for the relief now sought for by the petitioners.

5. Admittedly, the accident had occurred in the year 2016 and now, after a period of 10 years, the petitioners seek for compensation. It is the contention of the respondent board that there is no fault on the part of the Electricity Board. Some disputed questions of fact are involved in this case and hence, the petitioners shall approach the appropriate forum seeking for the aforesaid remedy in the manner known to them under law.

6. With the above observations and directions, the Writ Petition stands dismissed. There shall be no order as to costs. 21.04.2025 NCC : Yes/No (2/2) Index : Yes / No sm 4/6

TO:-

1. Government of Tamil Nadu, Represented by its Secretary TANGEDCO, Fort St. George, Chennai - 9.

2. The District Collector, Thoothukudi District, Thoothukudi.

5/6

VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.10514 of 2025 (2/2) Dated:

21.04.2025 6/6