[Cites 1, Cited by 0]
Madras High Court
Parakathnisha vs The Superintending Engineer on 20 February, 2026
Author: R.Vijayakumar
Bench: R.Vijayakumar
WP(MD). No.35848 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 20.02.2026
CORAM
THE HONOURABLE MR. JUSTICE R.VIJAYAKUMAR
WP(MD). No.35848 of 2025
Parakathnisha ... Petitioner
Vs
1. The Superintending Engineer,
Tamil Nadu Generation and Distribution
Corporation Limited,
Ramanathapuram,
Ramanathapuram District..
2. The Executive Engineer,,
Tamil Nadu Generation and Distribution
Corporation Limited,
Ramanathapuram Division,
Ramanathapuram District..
3. The Assistant Engineer,,
Tamil Nadu Generation and Distribution
Corporation Limited,
Panikulam Post,
Ramanathapuram District.. ... Respondents
PRAYER :- Writ Petition, filed under Article 226 of the Constitution
of India, praying this court to issue a Writ of Certiorarified Mandamus to
call for the records of the 3rd respondent's impugned Order in
1/6
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WP(MD). No.35848 of 2025
Ka.No.U.Me.Po/Ve.Ni/Panaikulam/Ko/A.No.302/2025, Dated
28.08.2025 and quash the same, consequently directing the respondents
to provide a compensation to the Petitioner for the death of Petitioner's
son Mohamed Salibu on 01.08.2024 which was caused by the
electrocution due to the negligence of the respondents.
For Petitioner : Mr.K.Yasar Arafath,
For Respondents : Mr.S.Deenadhayalan,
Standing Counsel
ORDER
The present Writ Petition has been filed seeking to quash the
order passed by the third respondent wherein the request of the petitioner
for payment of compensation due to the electrocution of his son, has
been rejected.
2. A perusal of the affidavit reveals that the petitioner's son
climbed over the Poovarsa tree for cutting the branches for the purpose
of animal fodder; an over head lane got snapped and fell on the branches
of trees and when the petitioner's son had touched upon the tree, he got
electrocuted and died.
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3. The respondents have filed counter contending that the
petitioner's son had voluntarily climbed upon the tree and while cutting
the branches of the tree, he had accidently touched upon the electrical
line even though the said line was at the safe distance, got electrocuted
and died. Therefore, there was no negligence on the part of the
TANGEDCO and this accident was invited by the voluntary act of the
petitioner's son. Therefore, they prayed for dismissal of the Writ
Petition.
4. Heard both side and perused the materials available on
record.
5. In the impugned order, it has been specifically stated that
the petitioner's son while cutting branches of Portia tree, had touched
upon the branches which was nearer to the high tension line and got
electrocuted. Therefore, it is clear that the branches of the tree were
touching upon the high tension line. It is not a case where the
petitioner’s son had come in direct contact with the line, but only the
branches of the tree were in contact with the high-tension electrical line.
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6. As per Regulation 20 of the Tamil Nadu Electricity
Distribution Code, the TANGEDCO is expected to conduct inspection
and the interfering branches of the trees have to be groomed. If the said
regulation had been strictly followed, the accident could have been
avoided. When the deceased had not invited the accident and the same
has happened due to the non- following of Regulation 20 of Tamil Nadu
Electricity Distribution Code, the respondent TANGEDCO cannot
escape from their liability to pay compensation.
7. As per board proceedings No.6, dated 16.10.2019 for fatal
accident, they are bound to pay a sum of Rs.5 lakhs. Only if the accident
had taken place after 21.12.2024, the compensation would get enhanced
to Rs.10 lakhs. Considering the fact that the accident had taken place on
01.08.2024, it is governed by board proceedings No.6, dated 16.10.2019,
wherein the compensation of Rs.5 lakhs is contemplated for a fatal
accident.
8. In view of the above said facts, the respondents are
directed to pay a sum of Rs.5 lakhs as compensation along with 6%
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interest from the date of accident, till the date of realisation. In case, if
the petitioner seeks additional compensation, it is for him to approach the
competent civil Court.
9. With the above said observations, this Writ Petition is
allowed to the extent as stated above. The amount will be disbursed
within a period of 12 weeks from the date of receipt of a copy of this
order.
20.02.2026
Index : Yes/No
NCC : Yes/No
vsm
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R.VIJAYAKUMAR, J.
vsm
Date : 20.02.2026
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