M.Maheswari v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M.Maheswari : Petitioner Vs.

1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Thoothukudi, Thoothukudi District.

2. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Thoothukudi, Thoothukudi District.

3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kayatharu, Thoothukudi District.

4. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kayatharu, Thoothukudi District.

: Respondents 1/6

PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to grant compensation for electrocution death of the petitioners husband namely Murugan on 26.01.2025 by considering the petitioners representation dated 26.02.2025 and its reminder representation dated 02.04.2025.

For Petitioner : Mr. A.Aruljenifer For Respondents : Mr.S.Deenadhayalan Standing Counsel

O R D E R

This Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the respondents to grant compensation for the electrocution death of the petitioner's husband, namely, Murugan, which occurred on 26.01.2025, by considering her representations dated 26.02.2025 and 02.04.2025.

2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

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3. The petitioner asserts that her husband, who was an agricultural labourer, died due to electrocution on 26.01.2025 while engaged in cultivation work. Consequently, the petitioner submitted representations dated 26.02.2025 and 02.04.2025 to the respondents, requesting the grant of compensation. As no action has been taken in this regard, the petitioner has now filed the present Writ Petition.

4. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the second respondent to consider the representations of the petitioner and pass appropriate orders, within a time frame that may be stipulated by this court.

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 3/6

stipulated time.

6. In the light of the above observations, there shall be a direction to the second respondent to consider the petitioner's representations dated 26.02.2025 and 02.04.2025, 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 eight 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.

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

22.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6

To

1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Thoothukudi, Thoothukudi District.

2. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Thoothukudi, Thoothukudi District.

3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kayatharu, Thoothukudi District.

4. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kayatharu, Thoothukudi District.

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.10844 of 2025 22.04.2025 6/6