T.Joseph v. K.Ganadesikan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:03.03.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Cont P(MD).No.1935 of 2018 T.Joseph ... Petitioner/Petitioner Vs.
1.K.Gnanadesikan Chairman TANGEDCO Ltd., 144, Anna Salai, Chennai-600 002.
2.David Jebasingh Superintendent Engineer, Tamil Nadu Electricity Board, Kanyakumari Electricity Distribution Circle, Parvathipuram, Nagercoil, Kanyakumari District.
3.Rajendra Singh Assistant Executive Engineer(Distribution) Tamil Nadu Electricity Board, Kuzhithurai, Kanyakumari District.
4.Jeyanthi Junior Engineer(Distribution) Tamil Nadu Electricity Board, Eravipudur Kadai, Kanyakumari District.
...Contemnors/Respondents 1to4 Prayer: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the contemnors/respondents for their wilful and wanton disobedience of the order passed by this Court in W.P(MD) No.19035 of 2017 dated 12.10.2017.
Prayer in WP(MD). 19035/ 2017 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, to direct the respondents to pay a compensation and damages of Rs. 10,00,000/- (Rupees Ten Lakshs only) with 9% accrued interest per annum, to the petitioner, for causing death to the petitioner's deceased wife 1/3
Pushpalatha, aged about 45 years, due to the negligent act of the respondents.
For Petitioner : Mr.C.Kishore For Respondents : Mrs.S.Srimathy for M/s.S.M.SJohnny Basha Standing Counsel
O R D E R
For non-compliance of the order of this Court, dated 12.10.2017, made in W.P(MD)No.19035 of 2017, this Contempt Petition is filed.
2.The petitioner has filed a writ petition for a direction to the respondents to pay compensation and damages of Rs.10 lakhs with 9% accrued interest per annum to the petitioner for causing death of his deceased wife Pushpalatha, aged about 45 years due to the negligent act of the respondents. Further, it is stated that the said electrocution was occurred due to the improper maintenance of the respondent electricity Board.
3.This Court, while disposing the writ petition, directed the respondents to consider the claim of the petitioner in respect of the payment of compensation for the death of his wife, by considering the representation dated 20.02.2017. 4.In compliance with the order of this Court, the respondents arrived at a conclusion and fixed the compensation of Rs.2,00,000/- (Rupees Two Lakhs only) to the petitioner by way of cheque bearing Cheq.No.486635, dated 20.02.2021 and produced a copy of the Cheque before this Court to that effect.
5.The learned counsel appearing for the petitioner has accepted the said amount, on protest, he seeks liberty to work out his remedy before the appropriate forum, for higher compensation. 6.In view of the above, this Contempt Petition is closed. However, the petitioner is at liberty to work out his remedy in the manner known to law.
Sd/- Assistant Registrar // True Copy // / /2021 Sub Assistant Registrar(CS) NS 2/3
To 1.The Chairman TANGEDCO Ltd., 144, Anna Salai, Chennai-600 002.
2.The Superintendent Engineer, Tamil Nadu Electricity Board, Kanyakumari Electricity Distribution Circle, Parvathipuram, Nagercoil, Kanyakumari District.
3.The Assistant Executive Engineer(Distribution) Tamil Nadu Electricity Board, Kuzhithurai, Kanyakumari District.
4.The Junior Engineer(Distribution) Tamil Nadu Electricity Board, Eravipudur Kadai, Kanyakumari District.
+1 CC to Mr.C.KISHORE, Advocate ( SR-8526[F] dated 03/03/2021 ) Order made in Cont P(MD).No.1935 of 2018 03.03.2021 MA(CO) SRS (17/03/2021) 3P : 6C 3/3