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[Cites 2, Cited by 0]

Madras High Court

M.Paul Mariadoos vs The Chairman on 31 January, 2022

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                               W.P.No.31365 of 2019

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 31.01.2022

                                                           CORAM

                                    THE HONOURABLE MR.JUSTICE M.DHANDAPANI

                                                  W.P.No.31365 of 2019

                     M.Paul Mariadoos                                           ... Petitioner

                                                             Vs.

                     1.The Chairman
                       TANGEDCO,
                       10th Floor, NPKRR Maaligai,
                       No.144, Anna Salai,
                       Chennai – 600 002.

                     2.The District Collector,
                       O/o.District Collector Tiruvallur,
                       Master Plan Complex,
                       NH 205, Tiruvallur,
                       Tamil Nadu – 602 001.                              ... Respondents


                     Prayer:

                                  Petition filed under Article 226 of the Constitution of India to

                     issue a Writ of Mandamus directing the second respondent to

                     consider the petitioner's representation dated 24.06.2019 and to

                     conduct an enquiry and to pass appropriate award of compensation as

                     per the law on account of demise Master William George Fernandez

                     and the lose cause to his family at the earliest.




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https://www.mhc.tn.gov.in/judis
                                                                              W.P.No.31365 of 2019



                                       For Petitioner  : M/s.S.Joel
                                       For Respondents : Mrs.C.Sangamithirai
                                                         Special Government Pleader


                                                          ORDER

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 24.06.2019 and to conduct an enquiry and to pass appropriate award of compensation as per the law on account of demise Master William George Fernandez and the lose cause to his family at the earliest.

2.The case of the petitioner is that on 20.01.2019 at about 14.00 hrs., when the petitioner's son was playing in the first floor of his house unfortunately came in touch with the high tension electricity wire and incurred burn injuries all over his body. He was rushed to Ramachandra Hospital, Porur and thereafter to Kilpauk Medical Hospital, Chennai where he was admitted and on 25.01.2019 at about 01.00 hrs. (mid night), he was declared dead by the Doctor. According to the petitioner, his son died due to the negligent act of the first respondent and hence he made representation to the respondents seeking compensation and since the same has not yet been considered, has filed this writ petition. 2/4 https://www.mhc.tn.gov.in/judis W.P.No.31365 of 2019

3.The learned counsel appearing for the petitioner submitted that this Court may issue direction to the respondents to pay admissible compensation in favour of the petitioner and grant liberty to the petitioner to file appropriate petition before the District Legal Services Authority seeking fair compensation under the Victim Compensation Act, if the petitioner is aggrieved by the compensation that is to be paid by the respondents.

4.The learned Special Government Pleader submitted that appropriate compensation will be paid in favour of the petitioner, within the time frame that is to be fixed by this Court.

5.In view of the above, this Court directs the respondents to pay admissible compensation in favour of the petitioner, within a period of twelve weeks from the date of receipt of a copy of this order. If the petitioner is not satisfied with the compensation that is to be awarded by the respondents, the petitioner is at liberty to file appropriate petition before the competent District Legal Services Authority seeking fair compensation under the Victim Compensation Act.

3/4 https://www.mhc.tn.gov.in/judis W.P.No.31365 of 2019 M.DHANDAPANI,J.

pri

6.With the above observation, the writ petition is disposed of. No costs.

31.01.2022 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1.The Chairman TANGEDCO, 10th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai – 600 002.

2.The District Collector, O/o.District Collector Tiruvallur, Master Plan Complex, NH 205, Tiruvallur, Tamil Nadu – 602 001.

Chennai – 600 016.

W.P.No.31365 of 2019

31.01.2022 4/4 https://www.mhc.tn.gov.in/judis