R. PAREETHA BEEVI Vs. TAMIL NADU ELECTRICITY BOARD

JUDGEMENT

(1.) THIS Writ Petition has been filed, praying for the issuance of a Writ of Mandamus, to direct the first respondent to pay the compensation of Rs.6 lakhs to the petitioners with interest for the death of Room Batcha due to electrocution.

(2.) ACCORDING to the petitioners, on 4.9.2009 at 7.00 a.m. one room Batcha, who was the husband of the first petitioner and father of the 2nd and 3rd petitioners, died of electrocution while he was on the way to their agricultural land situated on the western side of Eruvali Kanmai. The 2nd petitioner gave a police complaint which was registered in Cr.No.179 of 2009 by the 4th respondent and post mortem was conducted when the cause of death was electrocution. The petitioners claim that this was due to negligence and poor maintenance by the respondents 1 to 3 since they failed to act and maintain the electrical wire as per Code 18 and 20 of the Tamil Nadu Electricity Distribution Code 2004. Hence the petitioners made a representation on 3.3.2010 to the authorities for grant of compensation to which the 3rd respondent also replied that there was no provision to grant compensation for the death of electrocution vide his letter dated 5.10.2010. Thereafter, the petitioners got issued a legal notice dated 19.7.2011 insisting payment of compensation, for which also the respondents sent a reply on 14.3.2012stating that falling of livewire was due to natural calamity and it was the negligence on the part of the deceased only. Therefore, finding no other alternative remedy, the petitioners came forward with the present writ petition, praying for issuance of writ of mandamus to direct the respondents to pay Rs.6 lakhs towards compensation to the petitioners.

(3.) HEARD both sides and perused the entire materials available on record.