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Madras High CourtWP(MD)/15512/2018disposed of

M.Mari, v. The Chairman And Managing

2025-10-27Honourable Ms. Justice P.T. Asha7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2025

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA Writ Petition(MD)No.15512 of 2018 M.Mari ..Petitioner Vs 1.The Chairman and Managing Director, Tamilnadu Generation and Distribution Corporation, (TANGEDCO), No.144, Anna Salai, Chennai-600 002.

2.The Chief Engineer, TamilNadu Generation and Distribution Corporation, (TANGEDCO), K.Pudur, Madurai-625007.

3.The Superintending Engineer, TamilNadu Generation and Distribution Corporation, (TANGEDCO), Madurai Electricity Distribution Circle, (Metro), K.Pudur, Madurai-625 007.

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4.The Executive Engineer (Distribution), TamilNadu Generation and Distribution Corporation, (TANGEDCO), West, K.Pudur, Madurai-625007.

5.The Assistant Executive Engineer, TamilNadu Generation and Distribution Corporation, (TANGEDCO), No.160/2, Gomathipuram Ist Street, Melamadai, Madurai-625020.

6.The Inspector of Police, Anna Nagar Police Station, Madurai.

..Respondents Prayer: 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 a compensation of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the petitioner for the death of the petitioner's son namely Dharshith Saran, aged 4 years due to electrocution, within a time frame fixed by this Court. 2/7

For Petitioner : Mr.R.J.Karthick For Respondents :Mr.S.Deenadhayalan (for R1 to R5) Standing Counsel Mr.N.Shanmuga Selvam (for R6) Additional Government Pleader

ORDER

This writ petition has been filed to direct the respondents to pay a compensation of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the petitioner for the death of the petitioner's son namely Dharshith Saran, aged 4 years due to electrocution

2. It is the case of the petitioner that on 22.05.2018, the petitioner and his family went to his brother's house namely, Ganesan at Kaliamman Kovil Street, Vandiyoor, Madurai, for summer vacation. On 24.05.2018, at about 08.30 a.m., the petitioner's younger son namely, Dharshith Saran was playing near iron pole, which was installed by the respondent corporation to supply the electricity through two electric poles to Kaliamman Kovil Street residence. Suddenly, the petitioner's son shivered by touching the said iron pole. Immediately, they took the child to Madurai Shenbagam Hospital. The Doctor, who attended the 3/7

petitioner's son said that his son already died. Thereafter, the sixth respondent police had registered a case in Crime No.696 of 2018, for the offence under Section 174 of Cr.P.C.(electrocution Shock). The respondents 4 and 5 also came to the spot and verified and found that due to the rain and lack of periodical maintenance by the fifth respondent, the electrical current has passed through the pole installed in the ground near the residential houses. The fifth respondent and their subordinates directed the petitioner to contact the fourth respondent for claiming compensation. The respondent corporation had accepted the fault on their side. Hence, the petitioner has sent a representation to the respondents and claimed a sum of Rs.10,00,000/- as compensation for the death of the petitioner's son, due to electrocution.

Since no action has been taken by the respondents corporation, the present writ petition has been filed. 3.Heard the learned counsel appearing for the petitioner, the learned Standing counsel appearing for the respondents 1 to 5, the learned Government Advocate appearing for the sixth respondent and perused the materials available on record.

4.Considering the fact that on account of failure of periodical maintenance and check up the electric poles during the raining season, the 4/7

electrocution had been taken place and also taking note of the fact that the accident had been taken place on account of the negligence of the subordinates of the respondent corporation in not carrying out periodical checks, particularly, during the monsoon season, this Court is inclined to pass the following order: 4.1.The respondents corporation is directed to pay a sum of Rs.5,00,000/- as compensation to the petitioner in full and final settlement within a period of six weeks from the date of receipt of a copy of this order.

5.With the above direction, this writ petition is disposed of. No costs. 27.10.2025 NCC : Yes/No Index : Yes/No Internet:Yes vsg 5/7

To 1.The Chairman and Managing Director, Tamilnadu Generation and Distribution Corporation, (TANGEDCO), No.144, Anna Salai, Chennai-600 002.

2.The Chief Engineer, TamilNadu Generation and Distribution Corporation, (TANGEDCO), K.Pudur, Madurai-625007.

3.The Superintending Engineer, TamilNadu Generation and Distribution Corporation, (TANGEDCO), Madurai Electricity Distribution Circle, (Metro), K.Pudur, Madurai-625 007.

4.The Executive Engineer (Distribution), TamilNadu Generation and Distribution Corporation, (TANGEDCO), West, K.Pudur, Madurai-625007.

5.The Assistant Executive Engineer, TamilNadu Generation and Distribution Corporation, (TANGEDCO), No.160/2, Gomathipuram Ist Street, Melamadai, Madurai-625020.

6.The Inspector of Police, Anna Nagar Police Station, Madurai.

7.The Additional Government Pleader, Madurai Bench of Madras High Court, Madurai.

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P.T.ASHA , J., vsg Writ Petition(MD)No.15512 of 2018 27.10.2025 7/7