Madras High CourtWP(MD)/3703/2019allowed

K.Govindammal, v. The District Collector,

2023-01-11Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.3703 OF 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.3703 of 2019 K.Govindammal ... Petitioner Vs.

1. The District Collector, Ramanathapuram, Ramanathapuram District.

2. The Superintending Engineer, TANGEDCO, Ramanathapuram District.

3. The Executive Engineer, Tamil Nadu Electricity Board, Devipattinam, Ramanathapuram District.

(R-2 & R-3 are impleaded vide order dated 04.08.2020 in W.M.P.(MD)No.3757 of 2019) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents by considering the petitioner's representation dated 05/03/2018 within the stipulated period. For Petitioner : Mr.K.R.Rajeshwaran For R-1 : Mr.M.Siddharthan, Additional Government Pleader.

For R-2 & R-3 : Mr.S.Deenadhayalan, Standing Counsel.

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2 W.P.(MD)NO.3703 OF 2019

O R D E R

Heard the learned counsel on either side.

2. The petitioner's mother Pushpam died due to electrocution on 07.11.2017 at around 6.00a.m. In this regard, Crime No.321 of 2017 was registered on the file of Devipattinam police station. A reading of the materials on record and also the counter affidavit would indicate that due to heavy wind and rain, the electric wire snapped and fell on the petitioner's house fence and when the petitioner's mother accidentally came in contact with the same, she got electrocuted and died. The occurrence took place because the electricity line that was running overhead, snapped and fell on the petitioner's house fence. Of course the respondents cannot be said to be at fault. However, the respondents had issued proceedings for providing compensation even in such cases. As per the relevant proceedings then in force, a sum of Rs.2 Lakhs is payable.

3. Respondents 2 and 3 are directed to pay a sum of 2/4

3 W.P.(MD)NO.3703 OF 2019 Rs.2,00,000/- (Rupees Two Lakhs only) to the petitioner. The petitioner shall furnish the legal heir certificate. If the petitioner is the sole heir, the entire amount is payable to the petitioner. If there are other legal heirs, the amount shall be equally shared. This compensation will be disbursed within a period of eight weeks from the date of receipt of a copy of this order. If there is any delay in disbursement, then the respondents 2 and 3 are obliged to pay the compensation with interest @ 8% p.a. This writ petition stands allowed. No costs. 11.01.2023 NCS : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Ramanathapuram, Ramanathapuram District.

2. The Superintending Engineer, TANGEDCO, Ramanathapuram District.

3. The Executive Engineer, Tamil Nadu Electricity Board, Devipattinam, Ramanathapuram District.

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4 W.P.(MD)NO.3703 OF 2019 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.3703 of 2019 11.01.2023 4/4