Kaliappan v. The Secretary To Government

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kaliappan ... Petitioner Vs.

1.The Secretary to Government, Revenue and Disaster Management, Fort St. George, Chennai-600 009.

2.The Tamil Nadu Electricity Board, Rep. by its Chairman, No.144, Anna Salai, Chennai-02.

3.The District Collector, Dindigul District, Dindigul.

4.The Tahsildar, Oddanchathiram Taluk, 5.The Superintending Engineer, TANGEDCO Ltd., 6.The Executive Engineer, TANGEDCO Ltd., SS Complex, Dharapuram Road, Oddanchatiram, Dindigul District.

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7.The Sub-Inspector of Police, Oddanchatiram Police Station, ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to sanction the compensation amount of Rs.10 lakhs and Rs.30,000/- announced by the Hon'ble Chief Minister of Tamil Nadu from the Chief Minister's Public Relief Fund (CMPRF) to the petitioner on account of the death of petitioner's wife Lakshmi and cattle respectively, on account of the Gaja Cyclone based on the representation dated 17.12.2018 within a stipulated time.

For Petitioner : Mr.S.Balakarthick For R1, R3 & R4 : Mr.M.Lingadurai Special Government Pleader For R2, R5 & R6 : Mr.S.Deenadhayalan Standing Counsel For R7 : Mr.R.Sivakumar Government Advocate

ORDER

Heard the learned counsel on either side.

2.The writ petitioner's wife died due to electrocution on 18.11.2018. The electric lines had snapped on account of Gaja cyclone. 2/5

As per the Government norms, a sum of Rs.4,00,000/- has to be paid as exgratia payment to the family of deceased. TANGEDCO had issued proceedings on 16.10.2019 providing for payment of Rs.5,00,000/- in such cases. Ofcourse, TANGEDCO cannot be said to be at fault. The occurrence is due to act of God. However, when the proceedings of TANGEDGO provide for payment of higher amount, I would rather go by proceeding of the TANGEDCO. I therefore direct the TANGEDCO to pay a sum of Rs.5,00,000/- to the petitioner herein. The petitioner ofcourse has to obtain consent from the other legal heirs also. The petitioner should fulfil all the usual formalities such as production of indemnity bond, legal heir certificate etc. This amount shall be paid to the petitioner within a period of twelve weeks from the date of receipt of a copy of this order. The Writ Petition is allowed accordingly. No costs. 16.12.2022 Index : Yes / No Internet : Yes/ No rmk 3/5

To 1.The Secretary to Government, Revenue and Disaster Management, Fort St. George, Chennai-600 009.

2.The District Collector, Dindigul District, Dindigul.

3.The Tahsildar, Oddanchathiram Taluk, 4.The Sub-Inspector of Police, Oddanchatiram Police Station, 4/5

G.R.SWAMINATHAN,J.

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