M.Vijaya v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 05.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Vijaya ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO Ltd., K.Pudur, Madurai - 7.

2.The Executive Engineer, TANGEDCO Ltd., K.Pudur, Madurai - 7.

3.The Assistant Engineer, TANGEDCO Ltd., Alagar Koil, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to sanction the adequate compensation on account of the death of petitioner's son, M.Senthil (33 years) who died due to the electrocution based upon the petitioner's representation dated 27.08.2024. For Petitioner : Mr.K.Sudalaiyandi For Respondents 1 to 3 : Mr.S.Deenadhayalan Standing Counsel 1/5

ORDER

This Writ Petition is filed, seeking to direct the respondents to sanction the adequate compensation on account of the death of petitioner's son, M.Senthil, aged 33 years, who died due to the electrocution, based upon the petitioner's representation dated 27.08.2024.

2.The petitioners son, namely Senthil aged 33 who died on 03.11.2023, due to electrocution, which happened due to the negligence of the respondents. In this regard, a FIR in Crime No.262 of 2023 was registered by the Melavalavu Police on 04.11.2024. The petitioner has made a representation on 27.08.2024, to the respondents, requesting to provide adequate compensation for the death of his son. However, the same was not considered. Hence, the Writ Petition is filed. 3.Heard the learned counsels on either side and carefully perused the entire materials available on record.

4.It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondent to consider the same on its own merits and pass appropriate orders in one way or other instead of keeping the same pending 2/5

indefinitely. As such, non-consideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

5.Without going into the merits, this Court hereby direct the respondents to consider the petitioner's representation dated 27.08.2024 and pass appropriate orders in light of the Board proceedings within a period of four weeks from the date of receipt of copy of this order. 6.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

05.12.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn 3/5

To 1.The Superintending Engineer, TANGEDCO Ltd., K.Pudur, Madurai - 7.

2.The Executive Engineer, TANGEDCO Ltd., K.Pudur, Madurai - 7.

3.The Assistant Engineer, TANGEDCO Ltd., Alagar Koil, Madurai District.

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L.VICTORIA GOWRI, J.

Mrn 05.12.2024 5/5