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Madras High CourtWP(MD)/17505/2019disposed of

Muthusamy v. The Principal Secretary To Government Of Tamil Nadu

2025-11-20Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2025

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA Writ Petition(MD)Nos.17505 & 17507 of 2019 and W.M.P(MD)Nos.13987 & 13989 of 2019 Muthusamy ..Petitioner in WP(MD)No.17505/2019 Karuppiah ..Petitioner in WP(MD)No.17507/2019 Vs 1.The Principal Secretary to Government of Tamil Nadu, Department of Electricity, Secretariat, Chennai.

2.The Principal Secretary to Government of Tamil Nadu, Department of Revenue and Disaster Management, Secretariat, Chennai.

3.The Chairman, TANGEDCO, Anna Salai, Chennai.

4.The District Collector, 5.The Revenue Divisional Officer, 1/6

6.The Tahsildar, Alangudi Post, ..Respondents in both petitions Prayer in W.P(MD)No.17505 of 2019 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the respondents to pay the Rs.20,00,000/- (Rupees Twenty Lakhs only) for the death of the petitioner's wife Suseela. Prayer in W.P(MD)No.17507 of 2019 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the respondents to pay the Rs.40,00,000/- (Rupees Fourty Lakhs only) for the death of the petitioner's son Sakthivelu. In both petitions:

For Petitioner : Mr.P.Ganapathy Subramani For Respondents : Mr.D.Farjana Ghoushia Spl. Govt. Pleader for RR1, 2, 4 to 6 Mr.S.Deenadhayalan Standing Counsel for R3 COMMON ORDER The writ petition in W.P.(MD) No.17505 of 2019 has been filed seeking the issuance of a Writ of Mandamus directing the respondents to pay a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) towards compensation for the death of the petitioner's wife, Suseela.

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2. The writ petition in W.P.(MD) No.17507 of 2019 has been filed seeking the issuance of a Writ of Mandamus directing the respondents to pay a sum of Rs.40,00,000/- (Rupees Forty Lakhs only) towards compensation for the death of the petitioner's son, Sakthivelu.

3. When the matters came up for hearing, the learned Special Government Pleader appearing for respondents 1, 2, and 4 to 6 submitted that the respondent Government has already paid a compensation of Rs. 3,00,000/- to each of the petitioners.

4. The learned Standing Counsel for the third respondent submitted that the third respondent/Board cannot be held responsible for the deaths, as the incident occurred solely due to the negligence of the deceased persons, which allegedly contributed to the electrocution. It was further submitted that even assuming, without admitting, that the Board could be held liable, the petitioner would be entitled only to a compensation of Rs. 2,00,000/- since the accident took place in the year 2018. The learned Standing Counsel also drew attention to an administrative circular/abstract enhancing compensation for fatal accidents to Rs.5,00,000/- with effect from 29.07.2019, and submitted that if reasonable interest is added to the earlier base amount of Rs.2,00,000/-, the compensation payable would be adequate.

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5. This Court is, however, unable to accept the said contention.

6. From the materials placed on record and the photographs filed, it is evident that the transmission lines in the area were hanging loosely and had not been properly secured. The responsibility to maintain the electrical infrastructure in a safe condition squarely rests with the Board. The failure to ensure that live transmission lines were neither exposed nor dangerously suspended amounts to a clear dereliction of duty. This Court is of the considered view that such negligent maintenance poses a grave and foreseeable risk to the public. Therefore, the contention of the third respondent attributing negligence to the deceased cannot be accepted in the absence of any cogent material. On the contrary, the facts disclose that the accident occurred due to the failure of the Board to maintain its transmission lines in a safe and secure manner.

7. In view of the above observations, this Court holds that the third Board is liable to pay compensation to the petitioners. Accordingly, these writ petitions are disposed of with a direction to the third respondent to pay a sum of Rs.5,00,000/- (Rupees Five Lakhs only) each to the petitioners as compensation. The said amount shall be paid together with interest at the rate of 6% per annum from the date of the accident till the date of filing of the respective writ petitions. It is open to the petitioners to work out their 4/6

further remedies in the manner known to law, if they are so advised. No costs. Consequently, connected miscellaneous petitions are closed. 20.11.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Principal Secretary to Government of Tamil Nadu, Department of Electricity, Secretariat, Chennai.

2.The Principal Secretary to Government of Tamil Nadu, Department of Revenue and Disaster Management, Secretariat, Chennai.

3.The Chairman, TANGEDCO, Anna Salai, Chennai.

4.The District Collector, 5.The Revenue Divisional Officer, 6.The Tahsildar, Alangudi Post, 5/6

P.T.ASHA, J.

skn Writ Petition(MD)Nos.17505 & 17507 of 2019 and W.M.P(MD)Nos.13987 & 13989 of 2019 20.11.2025 6/6