In a writ petition seeking compensation for death due to electrocution, the Madurai Bench of the Madras High Court disposed of the matter when the petitioner failed to appear. The Court advised the petitioner to file a separate suit against the sixth respondent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.1004 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.06.2023
CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI
W.P(MD) No.1004 of 2016 and WMP(MD) No.829 of 2016
P.Virumandi Petitioner
Vs.
1.The State Represented by its Chief Secretary, Secretariat,
Chennai.
2.The Chief Engineer, Tamilnadu Electricity Board, 800, Annasalai, Chennai – 2.
3.The Superintending Engineer, Distribution, Distribution Circle, K.Pudur, Madurai – 7.
4.The Executive Engineer, Tamilnadu Electricity Board, Usilampatti, Madurai District.
W.P(MD)No.1004 of 2016
5.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Checkanoorani.
6.K.Vanaraja
Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to pay compensation in terms of money to the value of Rs.30,00,000/-(Rupees Thirty Lakhs Only) to the petitioners for the death of their son namely Sathish S/o Virumandi, aged about 19 years due to an accident dated 30.03.2015 at Keezhapacheri, Kovilangulam Post, Usilampatti Taluk, Madurai District arising out of electrocution for the failure of statutory duty in following the safety measures and procedure contemplated for maintenance of electric lines and poles by the respondents.
| For Petitioner | :No appearance |
|---|---|
| For R1 | :Mr.S.R.A.Ramachandran |
| Additional Government Pleader | |
| For R2 to R5 | :Mr.S.Deenadhayalan |
| Standing Counsel | |
| For R6 | :Mr.V.Maragathavel |
O R D E R
The petitioner's son namely Sathish, aged about 19 years
died on 30.03.2015 due to electrocution and this petitioner has filed this writ petition seeking compensation.
W.P(MD)No.1004 of 2016
2.Today(05.06.2023), when this writ petition is taken up
for hearing, there is no representation for the petitioner.
3.The learned Standing Counsel appearing for the
respondent Electricity Board submits that due to the fault on the part of the sixth respondent, the occurrence was taken place in his land and hence the liability has to be fastened only on the sixth respondent. He further submits that in this regard, a criminal case was registered as against the sixth respondent in Crime No.138 of 2015 and a final report has also been filed for the offence under Section 304 A of IPC against the sixth respondent. Therefore, the respondent Board is not entitled to pay any compensation to the petitioner.
4.Recording the submission made by the learned
Standing Counsel, this writ petition is disposed of with a liberty to the petitioner to work out his remedy for compensation as against
W.P(MD)No.1004 of 2016
the sixth respondent by filing a separate suit. No costs. Consequently, connected Miscellaneous Petition is closed.
05.06.2023
NCC : Yes / No. Index : Yes / No. Internet : Yes / No. vrn To
1.The Chief Secretary, Secretariat,Chennai.
2.The Chief Engineer, Tamilnadu Electricity Board, 800, Annasalai, Chennai – 2.
4.The Executive Engineer, Tamilnadu Electricity Board, Usilampatti, Madurai District.
5.The Assistant Executive Engineer, Tamil Nadu Electricity Board, Checkanoorani.
W.P(MD)No.1004 of 2016
B.PUGALENDHI, J
vrn
Order made in W.P(MD) No.1004 of 2016 and WMP(MD) No.829 of 2016
05.06.2023
P. Virumandi
The State Represented by its Chief Secretary
The Chief Engineer, Tamilnadu Electricity Board
The Superintending Engineer, Distribution
The Executive Engineer, Tamilnadu Electricity Board
K. Vanaraja
B. Pugalandhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
