Soosairaj vs The Chairman
2023 Latest Caselaw 5005 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.                       ... Respondents/Respondents



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

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



                           For Appellants     : Mr.J.Sankara Pandian


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                                                                       W.A(MD)No.535 of 2023



                           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.

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

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W.A(MD)No.535 of 2023

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

28.04.2023

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