Kanikai Mary v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

1. Kanikai Mary

2. Malini 3.Sanmugathai ... Petitioners Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Commissioner, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondent No.2 to pay amount to a sum of Rs.25,90,000/- as compensation for the death of Sundarajan, who died due to the electrocution on 16.04.2018, with reasonable rate of interest in view of representation, dated 21.12.2019, within the stipulated time. For Petitioner : Mr.M.Jothi Basu For R1 : Mr.M.Senthil Ayyanar Government Advocate For R2 : Mr.M.Rajarajan Standing Counsel 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the 2nd respondent to pay to a sum of Rs.25,90,000/- as compensation for the death of Sundarajan, who died due to the electrocution on 16.04.2018, with reasonable rate of interest in view of representation, dated 21.12.2019, within the stipulated time.

2.The deceased Sudarajan died while he was standing near the public street light which is maintained by the 2nd respondent. 3.The learned Standing Counsel appearing for the 2nd respondent submitted that the maintenance was granted to a contractor based on tender and 2nd respondent could not identify the contractor immediately. This cannot be the reason from for declining the compensation.

4.This Court is of the considered opinion that the second respondent and the contractor are jointly liable to pay the compensation of Rs.10,00,000/- (Rupees Ten Lakh only). Therefore, the second respondent is directed to pay Rs. 10,00,000/- to the petitioners within a period of four weeks from the date of receipt of a copy of this order. However, 2nd respondent is at liberty to recover half of the compensation from the contractor. 2/4

5.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.

24.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Commissioner, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 24.07.2025 4/4