Madras High CourtWP(MD)/19767/2025disposed of

Parakath Nisha v. The Superintending Engineer

2025-07-23Honourable Mr Justice C. Saravanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.19767 of 2025 Parakath Nisha ... Petitioner Vs.

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

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

3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Panaikulam Post, Ramanathapuram District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent's impugned order in Ka.No.U.Me.Po/Ve.Ni/Panaikulam/Ko.Puharpathil/A.No.198/2025 dated 24.04.2025 and quash the same, consequently directing the respondents to provide a compensation to the petitioner for the death of petitioner's son 1/4

Mohamed Salibu on 01.08.2024 which was caused by the electrocution due to the negligence of the respondents.

For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Standing Counsel for the respondents.

2. There is no doubt that the petitioner's son died due to electrocution. However, the question raised by the respondents is whether the respondents Electricity Board was negligent, as a result of which the death of the petitioner's son occurred on 01.08.2024. This issue has to be determined in the manner known to law.

3. This Writ Petition cannot enter into disputed questions of fact in a summary proceeding under Article 226 of the Constitution of India. However, 2/4

there are judicial precedents mandating that the Board is liable to pay ex gratia compensation in cases of death due to electrocution. Therefore, the respondents are directed to consider the petitioner's representation, dated 05.04.2025, and dispose of the same, if the petitioner is found entitled to such ex gratia payment.

4. With the above direction, this Writ Petition is disposed of. No costs. 23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 3/4

C.SARAVANAN, J.

Indu To 1.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Ramanathapuram, Ramanathapuram District.

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

3.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Panaikulam Post, Ramanathapuram District.

W.P(MD).No.19767 of 2025 23.07.2025 4/4