Madras High CourtWP(MD)/25184/2022disposed of

Tamilselvi. T v. The Chairman Cum Managing Director

2022-11-07Honourable Mrs Justice V.Bhavani Subbaroyan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25184 of 2022 T.Tamilselvi ... Petitioner Vs 1.The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, (Central Office) TANGEDCO - TNEB, NRT Nagar, Main Road, Theni - 625 531, 3.The Executive Engineer, O/o. the Executive Engineer (East), (TANGEDCO), Near JC Petrol Bulk, Madurai Road, Periyakulam Post - 625 601, 4.The Assistant Executive Engineer, O/o. the Assistant Executive Engineer (West), Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDO), Tamil Nadu Electricity Board (TNEB), Andipatti West, Andipatti Post - 625 512, 1/7

5.The Assistant Engineer, O/o. the Assistant Engineer, (TANGEDCO), Tamil Nadu Electricity Board (TNEB), Mayiladumparai - 625 579, Andipatti Taluk, 6.The Superintendent of Police, O/o. the Theni Superintendent of Police, Theni Post, 7.The Inspector of Police, Mayiladumparai Police Station, Mayiladumparai - 625 579, Andipatti Taluk, (Crime No.77/2022) 8.The Sub-Inspector of Police, Mayiladumparai Police Station, Mayiladumparai - 625 579, Andipatti Taluk, (Crime No.77/2022) ... 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 1 to 5 herein to pay sum of Rs.20,00,000 (Twenty Lakhs only) by way of compensation for the death of the petitioner's son Late.Sudhakaran, aged 35 years, due to electrocution.

For Petitioner : Mr.M.Karuppasamy Pandian For Respondents 1 to 5 : Mr.S.Deenadhayalan Standing Counsel 2/7

For Respondents 6 to 8 :Mr.B.Thanga Aravindh Government Advocate (Criminal side)

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents 1 to 5 herein to pay sum of Rs.20,00,000 (Twenty Lakhs only) by way of compensation for the death of the petitioner's son Late.Sudhakaran, aged 35 years, due to electrocution.

Heard Mr.M.Karuppasamy Pandian, learned counsel appearing for the petitioner; Mr.S.Deenadhayalan, learned Standing Counsel, who takes notice for the respondents 1 to 5; and Mr.B.Thanga Aravindh, learned Government Advocate (Criminal side), who takes notice for the respondents 6 to 8. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself.

According to the petitioner, her son namely, Sudhakaran, aged about 35 years, on 31.07.2022 at about 05.00 pm., went to collect the silk wood tree leaves in Kodiyarasan's Plantation, near the Garden of one Johnson. Within 1⁄4 hour, one Siva, son of Srinivasan from the petitioner's Village, who had a cow shed near the said Kodiyarasan's Plantation, informed the petitioner that her son died due to electrocution. Her son was earning a sum of Rs.9,000/- per 3/7

month. Hence, she gave a complaint to the respondents 7 and 8 on 31.07.2022, based on which, a case in Crime No.77 of 2022 has been registered under Section 174 of Cr.P.C. Due to the negligence on the part of the respondents 1 to 5 in not maintaining the electricity pole, electricity wire line and the transformer in a proper manner, the incident had happened. Hence, the petitioner sent a detailed representation on 04.09.2022 to the respondents 1 to 5 and other higher officials, but they did not consider the said representation. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

The learned Standing Counsel appearing for the respondents 1 to 5 submitted that the petitioner's representation, dated 04.09.2022, would be considered and appropriate orders would be passed on merits and in accordance with law, within a time frame.

Recording the aforesaid submission made by the learned Standing Counsel appearing for the respondents 1 to 5, this Court, without going into the merits of the case, directs the respondents 1 to 5 to consider the representation of the petitioner, dated 04.09.2022 and pass appropriate orders on merits and in accordance with law, within a period of 16 weeks from the date of receipt of a copy of this order.

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This Writ Petition stands disposed of with the above direction. No costs.

07.11.2022 Index : Yes/No smn2 To 1.The Chairman-cum-Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), 144, Anna Salai, Chennai - 600 002.

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V.BHAVANI SUBBAROYAN, J.

smn2 W.P(MD)No.25184 of 2022 07.11.2022 7/7