LAWS(MAD)-2003-3-198

K J ARUL Vs. TAMIL NADU ELECTRICITY BOARD

Decided On March 19, 2003
K.J.ARUL Appellant
V/S
TAMIL NADU ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Heard.

(2.) Mr.V.Prakash, learned counsel appearing for the petitioner inviting my attention to the averments of the petitioner in the affidavit filed in support of the above writ petition, that the petitioner suffered severe burn injuries on the back of his neck, chest, stomach, waist, on both legs and on his face, got his hairs burnt and also suffered from bleeding profusely due to the injuries and experienced deep and unbearable pain by electrocution, due to the improper maintenance of live high tension electrical wire at Kilikodi Village, Ponneri Taluk, within the jurisdiction of the second respondent, seeks a writ of Mandamus to direct the respondents to pay the petitioner a sum of Rupees Ten Lakhs as compensation towards the electrocution injuries suffered by the petitioner.

(3.) Mr.V.Prakash, learned counsel for the petitioner placed strong reliance on the observation of the Apex Court in TAMIL NADU ELECTRICITY BOARD Vs. SUMATHI reported in AIR 2000 SC 1603, wherein the Apex Court has held that when there is negligence on the face of it and infringement of Article 21 of the Constitution of India is there, it cannot be said that there will be any bar to proceed under Article 226 of the Constitution of India, and right of life is one of the basic human rights guaranteed under Article 21 of the Constitution of India.