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2025 DAILYLAW 78577 (MAD)

SAROJA v. SUPERINTENDING ENGINEER

WP/26066/2023 · 2025-10-22

M Dhandapani

Transfer Petitionbody2025

Judgment text

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W.P.No.26066 of 2023 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.10.2025 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26066 of 2023 Saroja ... Petitioner Vs. 1 SUPERINTENDING ENGINEER TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, KALLAKURICHI, KALLAKURICHI DISTRICT. 2 EXECUTIVE ENGINEER TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, THIRUKOVILUR TOWN, KALLAKURICHI DISTRICT. 3 JUNIOR ENGINEER (OPERATION AND MAINTENANCE) TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, G.ARIYUR VILLAGE, THIRUKOVILUR TALUK, KALLAKURICHI DISTRICT. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to pay just compensation to the petitioner for the electrocution death of her 1/6 https://www.mhc.tn.gov.in/judis W.P.No.26066 of 2023 husband on 19.08.2017 along with interest at the rate of 7.5% from the date of death. For Petitioner : Ms.Lavanya for M/s.M.Malar For Respondents : M/s.Daniel Mary Standing Counsel O R D E R This writ petition has been filed seeking issuance of Writ of Mandamus directing the respondents to pay just compensation to the petitioner for the electrocution death of her husband on 19.08.2017 along with interest at the rate of 7.5% from the date of death. 2.The learned counsel appearing for the petitioner submitted that on 18.08.2017, the petitioner's husband went for watering their sugarcane field and did not return home and hence, their son went in search of him on 19.08.2017 at 7.00 a.m. in the morning and found him dead by got struck inbetween sugarcane plants with electric wire around his neck, which was cut due to breakage of porcelain inuslator in the electric pole used for transmission of electricity. The electric wire was laid across the sugarcane field. The learned counsel further submitted that the petitioner's husband died due to electrocution due 2/6 https://www.mhc.tn.gov.in/judis W.P.No.26066 of 2023 to the negligence of the respondents and hence the petitioner sent legal notice dated 30.11.2019 to the respondents seeking compensation for her husband's death, however, there is no response. 3.The learned Standing Counsel appearing for the respondents submitted that at the relevant point of time, in respect of fatal due to electrocution, a sum of Rs.2,00,000/- is payable towards exgratia in terms of TANGEDCO Proceedings No.5, dated 29.04.2013 and the same will be disbursed to the petitioner, within a reasonable time that may be fixed by this Court. 4.In response, the learned counsel appearing for the petitioner submitted that this Court may award some interest for the exgratia amount and may grant liberty to the petitioner to approach the District Legal Services Authority as per Victim Compensation Scheme, for further compensation. 5.In view of the above, this Court, without going into the merits of the case, directs the respondents to disburse a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) towards exgratia along with 3/6 https://www.mhc.tn.gov.in/judis W.P.No.26066 of 2023 interest at the rate of 6% from 19.08.2017 to till date (22.10.2025) to the petitioner, within a period of four weeks from the date of receipt of a copy of this order. If at all the petitioner is aggrieved by the above said exgratia amount, the petitioner is at liberty to make appropriate application before the District Legal Services Authority under the Victim Compensation Scheme within a period of two weeks from the date of receipt of a copy of this order, along with a copy of this order. Upon receipt of the said application, the District Legal Services Authority shall consider the same on merits and in accordance with law, after adjudication, pass appropriate orders, within a period of twelve weeks thereafter, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any. 6.With the above directions, this writ petition is disposed of. No costs. 22.10.2025 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 4/6 https://www.mhc.tn.gov.in/judis W.P.No.26066 of 2023 To 1 SUPERINTENDING ENGINEER TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, KALLAKURICHI, KALLAKURICHI DISTRICT. 2 EXECUTIVE ENGINEER TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, THIRUKOVILUR TOWN, KALLAKURICHI DISTRICT. 3 JUNIOR ENGINEER (OPERATION AND MAINTENANCE) TAMIL NADU GENERATION AND DISTRIBUTION CORPORATION LIMITED, G.ARIYUR VILLAGE, THIRUKOVILUR TALUK, KALLAKURICHI DISTRICT. 5/6 https://www.mhc.tn.gov.in/judis W.P.No.26066 of 2023 M.DHANDAPANI,J. pri W.P.No.26066 of 2023 6/6 https://www.mhc.tn.gov.in/judis W.P.No.26066 of 2023 22.10.2025 7/6 https://www.mhc.tn.gov.in/judis