Madras High CourtWP(MD)/24530/2023disposed of

Kavitha P v. The Chairman Cum Managing Director

2023-12-19Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.24530 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.12.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24530 of 2023 P.Kavitha ... Petitioner Vs.

1. The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), No.144, Anna Salai, Chennai - 600 002.

2. The District Collector, District Collectorate, Madurai.

3. The Divisional Engineer(Distribution), Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), National Highway 7, Thathampatti, Madurai - 625 018.

4. The President, Kachaikatti Village Panchayat, Vadipatty Union, Madurai District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay a sum of Rs.20,00,000/- towards compensation for the death of the petitioner's husband late Palanichamy, who died duo to electrocution on 14.03.2023 by 1/4

2 W.P.(MD)NO.24530 OF 2023 considering the petitioner's representation dated 04.07.2023 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.SC.Herold Singh For R-2 : Mr.K.Balasubramani, Special Government Pleader.

For R-4 : Mr.Vairam Santhosh For R-1 & R-3 : Mr.S.Deenadhayalan * * *

O R D E R

Heard both sides.

2. After going through the materials on record, I am of the view that TANGEDCO cannot be fastened with liability. However, the petitioner can very well raise a claim against the building owner under the Employees Compensation Act.

3. The petitioner is given liberty to move the jurisdictional Deputy Commissioner of Labour. If any such petition is filed within a period of four weeks from the date of receipt of a copy of this order, the same shall be entertained without reference to limitation and it shall be disposed of on merits and in accordance with law after issuance of notice to the parties concerned within a period of six months thereafter. 2/4

3 W.P.(MD)NO.24530 OF 2023 Granting such liberty to the petitioner, this writ petition stands disposed of accordingly. No costs.

19.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

The District Collector, District Collectorate, Madurai.

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4 W.P.(MD)NO.24530 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.24530 of 2023 19.12.2023 4/4