Hemalatha v. The State of Tamilnadu

ORDER This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents to pay a sum Rs. 2,00,00,000/- (Rupees Two Crores only) to the petitioners herein due to the electrocution caused to her deceased husband, J.Hariprasad.

¶2Mr.R.Murthi, learned Government Advocate, takes notice for first respondent. Mr.L.Jai Venkatcsh. learned Standing Counsel accepts notice on behalf of the respondents 2 to 4. With the consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.

¶3The case of the petitioner is that, on 04.09.2024, at about 6.30 a.m. in the morning, the deceased Hariprasath, husband of the first petitioner and father of the second petition, went to his agricultural fields for irrigating his agricultural lands and also to perform his agricultural activities. At that time, the live electricity cable was cut off and was lying on the field. Without knowing the same, the said Hariprasad came into contact with the same and he was electrocuted. As a result, he died on the spot. Regarding the said tragic incident, a complaint has been lodged, which was registered as a case in Crime No.852 of 2024 u/s 194 of Cr.P.C., wherein, it has been alleged that the respondents were not proper in maintaining the electric wires, and it was only due to their negligence and recklessness the first petitioner's husband died. Therefore, the petitioner has made a representation before the responder. seeking compensation of Rs.2 Crores. Since the same was not considered by the respondents, the present writ petition has been filed before this Court for appropriate orders.

¶4Learned counsel for the petitioner submits that at the time of death, the petitioner's husband was only aged about 48 years old and he was doing agricultural works in his lands measuring about 5.22 Acres. He was earning a sum of Rs.12,00,000, per annum front and out of the said agricultural lands. He further submits that his untimely demise has caused irreparable loss to the petitioners family. since he was the only male child and the death was due to the lethargic attitude of the respondents in not maintaining the electrical wire properly. Therefore, this Court may consider passing a direction to the respondents to shell out adequate compensation for the loss suffered by the petitioner.

¶5Learned Standing Counsel appearing for the respondents submitted that, in respect of fatal due to electrocution, a sum of 1..5,00,000, is payable towards exgratia in terms of TANGEDCO Proceedings No.6, dated 16.10.2019 and the same will be disbursed to the petitioner, within a reasonable time that may be fixed by this Court.

¶6In response, the learned counsel for the petitioner submitted that this Court may grant liberty to the petitioner to approach the District Legal Services Authority as per Victim Compensation Scheme, further compensation.

¶7In view of the above, this Court, without going into the merits of the case, directs the respondents to disburse a sum of Rs.5,00,000/- (Rupees Five Lakhs only) towards exgmtia to the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order. If at all the petitioners are aggrieved by the above said exgratia amount, the petitioner is at liberty to make appropriate application before the District Legal Services Authority under the Victim Compensation Scheme within a period of two (2) weeks from the date of receipt of a copy of this order, along with a copy of this order. Upon receipt of the said application, the District Legal Services Authority shall consider it on its merits and in accordance with law and after adjudication, the District Legal Services Authority shall pass appropriate orders, within a period of twelve (12) weeks thereafter, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

¶8With the above directions, this Writ Petition is disposed of. No costs. 13-03-2026 Index; Yes/No Speaking/Non-speaking order RLI To

¶1The State Of Tamilnadu Rep. by its Secretary, Energy Department, Secretariat, Chennai 09

¶2The Chairman Tamil Nadu Generation and Distribution ltd (TANGEDCO), Anna Salai, Chennai 06

¶3The Executive Engineer TANGEDCO, Ponneri, Tiruvallur district-601 204

¶4The Assistant Executive Engineer TANGEDCO, Panjetti, Ponneri Taluk, Thiruvallur district - 601 204 M.DHANDAPANI,J RLI 13-03-2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-03-2026 CORAM THE HON'BLE MR JUSTICE M. DHANDAPANI 1.Hemalatha W/o. Hariprasath 2.Minor Aravindan S/o. Late. Hariprasath 3.....petitioner(s) Vs 1. The State Of Tamilnadu Rep. by its Secretary, Energy Department, Secretariat, Chennai 09 2. The Chairman Tamil Nadu Generation and Distribution ltd (TANGEDCO), Anna Salai, Chennai 06 3. The Executive Engineer TANGEDCO, Ponneri, Tiruvallur district- 601 204 4.The Assistant Executive Engineer TANGEDCO, Panjetti, Ponneri Taluk, Thiruvallur district - 601 204 ..Respondent(s) This Writ petition has been filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay a sum Rs. 2,00,00,000/- (Rupees Two Crores only) to the petitioners herein due to the electrocution caused to her deceased husband, J.Hariprasad. For Petitioner(s): Ms.B.Pooshitha Mirudula For Respondent(s): Mr.R.Murthi, GA R1 Mr.L.Jaivenkatcsh RR2 to 4