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Madras High CourtWP(MD)/30168/2024disposed of

P.Mathivanan v. The Government Of Tamil Nadu

2025-07-16Honourable Mr Justice C. Saravanan7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P(MD) No.30168 of 2024 and W.M.P(MD) No.25385 and 25386 of 2024

1. P.Mathivanan

2. Anbuselvi ... Petitioners Vs.

1.The Government of Tamil Nadu, Represented by its Chairman, Electricity Department, 10th Floor, NPKAR Maligai, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Tamil Nadu Electricity Board, Race Course Road, K.Pudur, Madurai District.

3.The Chief Engineer, Tamil Nadu Electricity Board, Race Course Road, K.Pudur, Madurai District.

4.The Executive Engineer, Tamil Nadu Electricity Board, Samayanallur, Madurai District.

...Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 2nd respondent herein in letter No.003025/Me.Po/Ma.li.Pa.Va/Ma.Thu/Ni.A/Ni.Me/Ni.P. 2/U.Tha3/2023 dated 08.05.2023 and quash the same and consequently direct the respondents to pay compensation of Rs.22,52,000/- to the petitioner for the death of their son A.Agneeswaran (aged 32 years) who died due to electrocution caused by the negligence of the respondents.

For Petitioner : Mr.V.Balasundarakumar For R1 : Mr.D.Ghandiraj Special Government Pleader For R2 to R4 : Mr.S.Deenadhayalan Standing Counsel

ORDER

This Writ Petition is disposed of at the time of admission after hearing the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the first respondent and the learned Standing Counsel appearing on behalf of the second respondent.

2. The petitioner is aggrieved over the impugned order passed by the second respondent, dated 08.05.2023, whereby request of the petitioner for the 2/7

compensation on account of death of the petitioner's son, which occurred due to electrocution on 08.01.2021 has been rejected. The reasons stated in the impugned order is read as under:

3. The learned counsel for the petitioner would submit that the petitioner is entitled for compensation for the death of his son, which occurred due to electrocution. Further, he placed the reliance of the Board proceedings in (Per.) (FB)TNPDCL Proceedings No.11, dated 21.12.2024 of the Administrative Branch of the Tamil Nadu Power Distribution Corporation Limited, wherein the compensation for fatal death has been enhanced from Rs.5,00,000/- to 3/7

Rs.10,00,000/-.

4. The learned counsel for the respondent No.1, on the other hand, would submit that the death of the petitioner's son was not due to any fault on the part of the Electricity Board, but was purely on account of the negligence of the deceased, Agneeswaran, who died on 08.01.2021.

5. Having considered the submissions made by the learned counsel for the petitioner and the learned counsel for the respondents, I am of the view that the petitioner is entitled to compensation as per the Board proceedings that were in force prior to 27.07.2019. As per the subsequent Board proceedings dated 21.12.2024, it has been stated that the enhanced compensation shall be paid only if the accident is reported on or after the date of approval of the proceedings, i.e., 25.11.2024.

6. In the present case, the accident is stated to have occurred on 08.01.2021, and the petitioner's application for compensation was submitted and reported to the respondent prior to 25.11.2024. Therefore, the petitioner is entitled for compensation of Rs.5,00,000/- together with interest as there has 4/7

been a delay in payment of compensation.

7. Therefore, the respondents are directed to pay a sum of Rs.5,00,000/- (Rupees five lakhs only) along with interest at the rate of 9% per annum, from the expiry of one month from the date on which it was brought to their knowledge that the petitioner's son died on 08.01.2021 due to electrocution. The above exercise shall be completed by the respondents within a period of six weeks from the date of receipt of copy of this order.

8. With the above direction, this Writ Petition stands disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. 16.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Indu 5/7

C.SARAVANAN, J.

Indu To 1.The Government of Tamil Nadu, Represented by its Chairman, Electricity Department, 10th Floor, NPKAR Maligai, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, Tamil Nadu Electricity Board, Race Course Road, K.Pudur, Madurai District.

3.The Chief Engineer, Tamil Nadu Electricity Board, Race Course Road, K.Pudur, Madurai District.

4.The Executive Engineer, Tamil Nadu Electricity Board, Samayanallur, Madurai District.

W.P(MD) No.30168 of 2024 16.07.2025 6/7

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