Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 89312 (MAD)

M.SAMANTHI v. THE DISTRICT COLLECTOR

WP/32628/2025 · 2025-09-01

M Dhandapani

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.No.32628 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 01.09.2025 CORAM : THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.32628 of 2025 M.Samanthi ... Petitioner Vs. 1.The District Collector, Chengalpattu District, Chengalpattu. 2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Chengalpattu District. 3.The Assistant Engineer, TANGEDCO, Madhuranthagam, Chengalpattu District. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent herein to consider and dispose of the representation dated 03.06.2025 of the petitioner with regard to purpose of compensation for the death of the petitioner's husband, Thiru.Mahendran, on 15.12.2023 at about 14.30 hrs at Martha Vambadi Village, Uthiramerur Taluk, Kancheepuram District, due to the electric shock from the high tension wire hanging on account of bursting of transmitter belonging to TANGEDCO. Page No.1 of 6 https://www.mhc.tn.gov.in/judis W.P.No.32628 of 2025 For Petitioner : Mr.G.Punniakoti For Respondents : Ms.P.Aishwarya Government Advocate [R1] Mr.L.Jai Venkatesh Standing Counsel [R2 & R3] ***** ORDER This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents herein to consider and dispose of the representation dated 03.06.2025 of the petitioner with regard to purpose of compensation for the death of the petitioner's husband, Thiru.Mahendran, on 15.12.2023 at about 14.30 hrs at Martha Vambadi Village, Uthiramerur Taluk, Kancheepuram District, due to the electric shock from the high tension wire hanging on account of bursting of transmitter belonging to TANGEDCO. 2. Ms.P.Aishwarya, learned Government Advocate, accepts notice on behalf of the 1st respondent and Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice on behalf of the respondents 2 and 3. With the consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself. Page No.2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.32628 of 2025 3. The case of the petitioner is that, on the crucial date, viz., 15.12.2023 at about 14.30 hours, her husband namely Mahendran, left their house to use the outdoor toilet. Shortly after, a loud noise was heard from the electric post. When her husband failed to return, she went in search of him and found him lying dead on Elumalai Mudaliar's land. It appears that an electrical post burst, causing a high tension wire to hand loose, which her husband came into contact with, resulting in his death. Regarding the said tragic incident, a complaint has been lodged, which was registered as a case in Crime No.708 of 2023 u/s 174 of Cr.P.C. Therefore, the petitioner has made a representation before the respondents seeking compensation of Rs.25 lakhs. Since the same was not considered by the respondents, the present writ petition has been filed before this Court. 4. Learned counsel for the petitioner submits that though the petitioner's husband was died on 15.12.2023, however, till date, the respondents have not disbursed any compensation to the petitioner. He also submits that, at the time of death, the petitioner's husband was working as a coolie and the petitioner's family is relying on the earnings of the petitioner's husband. However, his untimely demise had left the family in financial distress and the death was due to the lethargic attitude of the respondents in not maintaining the electrical wire Page No.3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.32628 of 2025 properly. Therefore, this Court may consider passing a direction to the respondents to shell out adequate compensation for the loss suffered by the petitioner. 5. Learned Standing Counsel appearing for the respondents 2 and 3 submitted that, in respect of fatal due to electrocution, a sum of Rs.5,00,000/- is payable towards exgratia in terms of TANGEDCO Proceedings No.6, dated 16.10.2019 and the same will be disbursed to the petitioner, within a reasonable time that may be fixed by this Court. 6. In response, the learned counsel for the petitioner submitted that this Court may grant liberty to the petitioner to approach the District Legal Services Authority as per Victim Compensation Scheme, for further compensation. 7. In view of the above, this Court, without going into the merits of the case, directs the respondents to disburse a sum of Rs.5,00,000/- (Rupees Five Lakhs only) towards exgratia to the petitioner, within a period of four (4) 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 Page No.4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.32628 of 2025 Victim Compensation Scheme within a period of two (2) 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 (12) weeks thereafter, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any. 8. With the above directions, this Writ Petition is disposed of. No costs. 01.09.2025 Index : Yes / No Speaking order / Non-speaking order Neutral Citation Case : Yes / No sp To 1.The District Collector, Chengalpattu District, Chengalpattu. 2.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation (TANGEDCO), Chengalpattu District. 3.The Assistant Engineer, TANGEDCO, Madhuranthagam, Chengalpattu District. Page No.5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.32628 of 2025 M.DHANDAPANI, J. sp W.P.No.32628 of 2025 01.09.2025 Page No.6 of 6 https://www.mhc.tn.gov.in/judis