Selvam v. The Assistant Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.22442 of 2021 Selvam
...Petitioner
/Vs./ 1.The Assistant Engineer, Operation and Maintenance, Tamilnadu Electricity Board, Usilampatti Road, Checkanoorani Post, Thirumangalam Taluk, Madurai District.
2.The Superintending Engineer, TANGEDCO, Tamilnadu Electricity Board, K.Pudur, Madurai-625007.
3.The Chief Engineer, TANGEDCO, Tamilnadu Electricity Board, K.Pudur, Madurai-625007.
4.Amsapandian
...Respondents
PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay Rs.1,00,000/- as compensation to the petitioner since the two jersy milky cows of the petitioner died on electrical shock at near the 4th respondent's Shopping Complex backside 1/5
on 01.09.2018 due to lapse and negligence and poor maintenance of electrical lines.
For Petitioner : Mr.K.C.Ramalingam For Respondents : Mr.S.Deenadhayalan (R1 to R3) Mr.P.R.Prithviraj (R4)
ORDER
This writ petition has been filed for issuance of writ of mandamus directing the respondents to pay compensation to the petitioner for the death of two jersey cows belonging to the petitioner due to electric shock.
2. The case of the petitioner is that the fourth respondent is the owner of a commercial complex and he was provided with electricity service connection by the first and second respondents. There were four electricity service connections given to the fourth respondent. The further case of the petitioner is that he is eking his livelihood by selling milk. The petitioner was having two jersey cows and these cows were grazzing in a vacant site on 01.09.2018. All of a sudden, they came in contact with live wire and due to electric shock, both the cows died on the spot.
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3. The grievance of the petitioner is that the accident had taken place only due to the negligence on the part of the respondents in not properly maintaining the electricity service connection. Hence, the petitioner sought for payment of compensation.
4. When the matter came up for hearing on 22.11.2023, this Court passed the following order:- "Considering the nature of grievance that has been expressed by the petitioner in this writ petition, this Court directs the learned counsel for the fourth respondent to talk with his client and pay some compensation to the petitioner, since the petitioner has lost two jersey cows due to electrocution. Learned counsel for the fourth respondent sought for some time to get instructions.
Post this case under the caption "Adjourned cases" on 29.11.2023."
5. When the matter was taken up for hearing today, the learned counsel appearing for the fourth respondent produced the demand draft taken in the name of the petitioner for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) dated 27.11.2023 drawn at Tamil Nadu Mercantile Bank. Original demand draft was handed over to the learned counsel appearing for the petitioner.
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6. Taking into consideration the facts and circumstances of the case and the fact that the compensation amount as suggested by the Court was also paid by the fourth respondent to the petitioner, no further orders are required to be passed in this writ petition and this writ petition is disposed of accordingly. No costs.
29.11.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm 4/5
N.ANAND VENKATESH, J.
sm Order made in W.P.(MD)No.22442 of 2021 Dated:
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