Madras High Court
C.Prabhanithi vs The District Collector on 30 November, 2022
W.P(MD)No.21254 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
W.P(MD)No.21254 of 2021
and
W.M.P(MD)No.17834 of 2021
1.C.Prabhanithi
2.C.Sivaganam ...Petitioners
Vs
1.The District Collector,
Madurai,
Madurai District-20.
2.The President,
Tamilnadu Electricity Board,
No.144, Anna Salai,
Chennai-2.
3.The Superintending Engineer,
Tamilnadu Electricity Production and Distribution,
K.Pudur,
Madurai District.
4.The Assistant Engineer,
Tamilnadu Electricity Board,
Keelaiyoor,
Melur,
Madurai District.
5.Foreman,
Tamilnadu Electricity Board,
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W.P(MD)No.21254 of 2021
Keelaiyoor Sub Station,
Melur Taluk,
Madurai. ..Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Mandamus, directing the respondents to
pay compensation of Rs.30,00,000/- to each petitioner based on the first
petitioner's father's representation, dated 24.08.2021 and 30.08.2021.
For Petitioners :Mr.J.Gunaseelanmuthiah
For R1 :Mr.A.Kannan
Additional Government Pleader
For R2 to R5 :Mr.S.Deenadhayalan
Standing Counsel
ORDER
This Writ Petition has been preferred to direct the respondents to pay
compensation of Rs.30,00,000/- to each petitioner based on the first petitioner's
father's representation, dated 24.08.2021 and 30.08.2021.
2. The learned counsel appearing for the petitioner would submit that the
second petitioner is the cosine of the first petitioner and he is residing near the
petitioner's house. The petitioner has studied the Diploma Computer
Engineering 1) NET Programming, 2) Software Engineering Tamil Nadu
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W.P(MD)No.21254 of 2021
Polytechnic and subsequently, has completed BE Computer Science in the year
of 2014. They are residing Melur Taluk, Saruguvalayapatti Village,
Subramaniyapuram. He is working in private company and earning Rs.35,000/-
per month. The second petitioner was studied in Diploma Computer
Engineering. He is also working in private company and earning Rs.30,000/-
per month. On 14.08.2021, the second petitioner affected by electric shock and
the first petitioner was trying to safeguards him, but unfortunately, he was also
affected by the electric shock. Both were affected and their entire bodies
burned. Due to the accident occurred on 14.08.2021, they are not able to do
their work. The petitioners neighbor namely, Seethalakhsmi, who is residing
very near to their house, was doing construction work. Very closes of the
Seethalakshmi house, High Power Electricity Station is there. It is very
difficult for her to continue her construction work. For that reason, she has
informed to Electricity Department. The fifth respondent and his staffs
snatched the High Power Station and planting center of pathway. They are not
properly installing the High Power Station. For that reason, the power supply
leakage from the earth Rod. Tehe petitioner's father gave complaint to the
fourth respondent on 12.07.2021 to remove the electric power station put up
middle of pathway. But, the fourth respondent has not give any response on his
father's complaint dated 12.07.2021. If the fourth respondent give response to
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W.P(MD)No.21254 of 2021
his father's complaint, the accident would not be happened. On the date of
occurrence, the petitioners are doing cleaning work in front and side of his
house. Due to leakage and lethargic planting earth rod, they have burned
electric shock by earth rod. Most of the body burned by electric shock.
Immediately through ambulance both are taking treatment at Dr.Ganeshan,
Selvi Ram Hospital at 294, Alagar Kovil Road Melur. Till dated, they are
taking treatment. Total disability 80% calculated. They enclosed several
photos and disability certificate in the typed set of papers.
3. He would further submit that the petitioner's father gave a complaint to
the Inspector of Police, Keelavalavu Police Station, dated 15.08.2021 and the
first petitioner gave a complaint to the Superintendent of Police on 19.08.2021.
Subsequently, the police officials are enquired and registered the FIR in Crime
No.244/2021, dated 19.08.2021. Thereafter, the petitioners father gave
representation, dated 24.08.2021 and 30.08.2021 to the respondents to pay
compensation. The first respondent forwarded the letter to the third respondent
on 07.09.2021. But, till date there is no response.
4. He would further submit that both the petitioners are spent each more
than Rs.5,00,000/- for medical expenses. But they are not properly recovered
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W.P(MD)No.21254 of 2021
from that accident. Due to the said accident, they are not do their regular
works. Hence, the petitioner has filed the present writ petition seeking
compensation of Rs.30,00,000/-.
5. The learned counsel appearing for the petitioner also referred the
judgment of the Hon'ble Division Bench of this Court reported in 2020-1 CTC
522 in the case of the Commissioner Corporation Chennai-Vs-The Secretary,
Department of Municipal Administration and Water Supply and another.
6. The third respondent filed counter affidavit and stated that one
Seethalakshmi, who is residing near petitioners house, was doing a construction
work. The Chandran, who is the father of the first petitioner, had a pathway
dispute with the above said Seethalakshmi. The electric stay set was already
erected without any disturbance to the public and pathways. As on 14.08.2021
both the petitioners voluntarily without informing and without the knowledge
of the respondents, unauthorisdly and without any safety measures tried to pull
the stay set which was attached to the electric police, suddenly the petitioners
got electrocution. He would further states that no such respondent dated
12.07.2021 was received in person or postal. The accident is not on the part of
the negligent act of the respondents. It was happened by the deliberate act of
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W.P(MD)No.21254 of 2021
the petitioners due to pathway dispute with one Seethalakshmi. The petitioners
are tried to pull the stay set by shake it, while they shake the stay set, it touch
the electric line and got electrocuted. By suppressing all the facts, the first
petitioner's father lodged a complaint only on 19.08.2021 for the incident
happened on 14.08.2021 stating that due to the leakage from the earth rod the
petitioners got electrocuted. On 07.09.2021 the third respondent along with
officials inspect the spot and found that the petitioners without any safety
measures and without informing the respondents deliberately and unauthorisdly
pulled and removed the stay set from the earth rod, the petitioners got
electrocuted. On 04.10.2021, based on the inspection report of the respondents
had lodged a complaint before the police under Section 136 of Electricity Act,
2003. Hence, he prayed for dismissal of the writ petition.
7. Heard Mr.J.Gunaseelanmuthiah, learned counsel appearing for the
petitioner and Mr.A.Kannan, learned Additional Government Pleader appearing
for the first respondent and Mr.S.Deenadhayalan, learned Standing Counsel
appearing for the respondents 2 to 5.
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W.P(MD)No.21254 of 2021
8. No prudent person will even try to snape a live earth wire and the
statement made by the respondent is unacceptable. When there is an earth wire
to embedded in a pathway where there is also a dispute to evidence to show that
he has plugged the wire and got electrocuted. When a person is electrocuted
whether they will give a complaint or take him to hospital for treatment. To fix
the compensation, the petitioner has to invoke the necessary provisions of law
and work out his remedy before the appropriate forum. However, the third
respondent is directed to submit the petitioner to the Medical Board, Rajaji
Hospital, Madurai for fixing the percentage of disability and thereafter,
compensation may be paid invoking the provisions of Workmen Compensation
Act.
9. With the above observation, the writ petition stands disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
30.11.2022
Index : Yes/No
Internet:Yes/No
am
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W.P(MD)No.21254 of 2021
To
1.The District Collector,
Madurai,
Madurai District-20.
2.The President,
Tamilnadu Electricity Board,
No.144, Anna Salai,
Chennai-2.
3.The Superintending Engineer,
Tamilnadu Electricity Production and Distribution,
K.Pudur,
Madurai District.
4.The Assistant Engineer,
Tamilnadu Electricity Board,
Keelaiyoor,
Melur,
Madurai District.
5.Foreman,
Tamilnadu Electricity Board,
Keelaiyoor Sub Station,
Melur Taluk,
Madurai.
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W.P(MD)No.21254 of 2021
https://www.mhc.tn.gov.in/judis
W.P(MD)No.21254 of 2021
V.BHAVANI SUBBAROYAN,J.
am
W.P(MD)No.21254 of 2021
30.11.2022
https://www.mhc.tn.gov.in/judis
