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Madras High CourtWP(MD)/21010/2025disposed of

Kamuthi v. The Chairman Cum Managing Director

2025-08-01Honourable Mr Justice C. Saravanan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.16277 of 2025 Kamuthi ... Petitioner Vs

1. The Chairman Cum Managing Director, No.144, Anna Salai, Chennai-600 002.

2. The Divisional Engineer, Periyakulam Taluk, Periyakulam,

3. The Assistant Engineer (Distribution), Vaigai Dam, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus to call for the records relating to the 1/6

proceedings of the third respondent made in Letter No.Vu.MI.PO/PA.VAIGAI/VA.AA/KO.ILAPEEDU/A.No.350/2024-25, dated 13.12.2024, quash the same and consequently, direct the respondents to pay 1/3rd compensation to the petitioner to the tune of Rupees Ten Lakhs as compensation for the death of the petitioners son due to electrocution. For petitioner : Mr. R.Murali For respondents : Mr.S.Deenadhayalan Standing Counsel *****

ORDER

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

2. The petitioner is before this Court seeking to quash the impugned order passed by the third respondent/Assistant Commissioner (Distribution), in response to the representation, dated 04.09.2024 of the petitioner.

3. In the said representation, the petitioner has sought for compensation on 2/6

account of the death of her deceased son, namely, Murugan, who aged about 41 years at the time of death.

4. It appears that the petitioner's son also married to one Ushalakesmi, who pre-deceased the petitioner's son. Apart from the petitioner and her husband, there are two minor children, namely, Jeyakumar, Gokul, who are under the care of their maternal grandmother, namely, Angammal. The third respondent is now insisting for No Objection Certificate from the other legal heirs.

5. The petitioner, being a Class-I legal heir herein, is entitled to atleast minimun solatium/Ex-gratia as per the Board proceedings in (Per)(FB) TNPDCL Proceedings No.11, dated 21.12.2024, which has also been recognized by this Court in several orders as also in W.P.(MD) No.6933 of 2017 vide order, dated 19.08.2024 in the case of G.Vijayalakshmi vs. The State of Tamil Nadu.

6. As per the latest Board proceedings in (Per)(FB) TNPDCL Proceedings No.11, dated 21.12.2024, the compensation for the death due to electrocution is 3/6

Rs.10,00,000/-.

7. Considering the fact that the petitioner is a senior citizen, aged about 62 years, there shall be a direction to the respondents to pay ex-gratia amount of Rs.3,00,000/- immediately to the petitioner.

8. The balance amount, i.e., Rs.7,00,000/- is directed to be deposited in the name of the sons of the deceased/grand sons of the petitioner for a sum of Rs.3,50,000/- each in an interest-bearing Fixed Deposit in any Nationalised Banks, by appointing the maternal grandmother as a guarding of the children, namely, Angammal, under whose care the children are living, as guardian. 8.a. The said deposit can to be liquidated as and when minors attain majority or if the amount is required in connection with the eduction of the minor children with the permission of the competent Court, which has jurisdiction to entertain such an application under the provisions of the Hindu Adoption and Maintenance Act, 1956 and under any other law. 4/6

9. This exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

10. It is also open for the petitioner to apply for additional compensation in accordance with law.

11. This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No 01.08.2025 Internet : Yes / No apd To

1. The Chairman Cum Managing Director, No.144, Anna Salai, Chennai-600 002.

2. The Divisional Engineer, Periyakulam Taluk, Periyakulam, 5/6

C.SARAVANAN, J.

apd

3. The Assistant Engineer (Distribution), Vaigai Dam, 01.08.2025 6/6