Soosairaj vs The Chairman
2023 Latest Caselaw 5002 Mad

                                                                    W.A(MD)No.535 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                          DATED : 28.04.2023

                                                CORAM:

                           THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                             and
                          THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                       W.A(MD)No.535 of 2023

              1.Soosairaj
              2.Joseph Julia                                           ...
              Appellants/Petitioners

                                                 -vs-

              1.The Chairman, TANGEDCO,
                Anna Salai, Chennai – 600 002.

              2.The Superintending Engineer,
                TANGEDCO,
                Udumalpet Electricity Distribution Circle,
                Eripalayam Post, Udumalpet, Coimbatore District.

              3.The Executive Engineer,
                TANGEDCO, Pollachi Circle, Coimbatore District.

              4.The Assistant Engineer,
                TANGEDCO,
                Pollachi Circle,
                Coimbatore District.

              5.The Inspector of Police,
                Pollachi Town Police Station,
                Pollachi,
                Coimbatore District.                                    ...
              Respondents/Respondents



              PRAYER: Appeal filed under Clause 15 of Letters Patent, against the order



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                                                                       W.A(MD)No.535 of 2023


              made in W.P(MD)No.6029 of 2022, dated 25.07.2022.




                           For Appellants    : Mr.J.Sankara Pandian

                           For Respondents       : Mr.S.Deenadhayalan




                                               JUDGMENT

[Judgment of the Court was delivered by R.SUBRAMANIAN, J.]

Being aggrieved by the order of the Writ Court, dated 25.07.2022

made in W.P(MD)No.6029 of 2022, the appellants/writ petitioners have

filed this writ appeal.

2. The Writ Court has dismissed the writ petition on the ground that

the matter involves investigation of facts.

3. The learned counsel for the TANGEDCO has produced the

proceedings of the Chief Engineer Personnel, dated 16.10.2019, which

provides for payment of ex-gratia compensation on compassionate ground

to persons affected by fatal and non-fatal accidents. As per the said

proceedings, for fatal cases, the TANGEDCO has offered to pay a sum of

Rs.5,00,000/- as ex-gratia payment.

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W.A(MD)No.535 of 2023

4. We do not think that we must drive the appellants, who are

advanced in age to the civil Court even for recovery of Rs.5,00,000/-

which is payable under the proceedings of the TANGEDCO. Hence,

the writ appeal

is partly allowed. The order of the Writ Court is set aside. There will be a

direction to the respondents to pay Rs.5,00,000/-(Rupees Five Lakhs Only)

to the appellants, within a period of three months from today. It will be

open to the appellants to seek further compensation before the civil Court.

No Costs.

                                                         [R.S.M., J.]           [L.V.G., J.]
                                                                               28.04.2023


              NCC         :Yes/No
              Index      :Yes/No
              PM
              To:

              1.The Director,

Directorate of Public Libraries, No.737/1, Anna Salai, Chennai – 600 002.

2.The District Collector, Sivagangai District.

3.The District Library Officer, O/o.District Library Office, Sivagangai District.

____________ https://www.mhc.tn.gov.in/judis

W.A(MD)No.535 of 2023

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

pm

W.A(MD)No.535 of 2023

____________ https://www.mhc.tn.gov.in/judis

W.A(MD)No.535 of 2023

28.04.2023

____________ https://www.mhc.tn.gov.in/judis