A S ZINGTHAN Vs. STATE OF MANIPUR

JUDGEMENT

(1.) The petitioner who is a poor and illiterate cultivator of 65 years has come up before this Court by means of this application under Art. 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to pay him a sum of Rs. 3,00,000/- as compensation for the tragic death of his 21 years old son on 23-8-1988 in his village, namley, Tungou due to electrocution as his long waiting for about five years to get monetary help from the respondents ultimately turned out barren and sterile.

(2.) I have heard Miss. R.K. Sanatombi Devi, the learned counsel appearing on behalf of the petitioner and Mr. L. Shyamkishore Singh, the learned Government Advocate appearing on behalf of the respondents.

(3.) To appreciate the contentions of the learned counsel for the parties the facts material for the purpose of disposal of this application may be stated as under :-The case of the petitioner is that his family consisted of his wife, three sons and one daughter and he used to earn the livelihood of the family by cultivation with the help of his sons. It is stated that virtually his two major sons, namely, A.S. Nganaomi and A.S. Mathew (deceased) were maintaining the family by doing cultivation works and some timber business. But on 23-8-1988 at about 10 a.m. when his second son, namely, A.S. Mathew was proceeding towards the paddy field along with others he was suddenly electrocuted in a domestic power line post which was erected in the heart of their village and he died in a split of moment. It is alleged that the electric post from which the petitioner's son was electrocuted was erected in the heart of the village and prior to this incident some domestic animals were electrocuted from the same electric post and this fact was brought to the notice of the authorities. But the authorities turned a deaf-ear to the complaints that were made by the village headman.