IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.11.2009 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.13578 of 2001 1.Geetha 2.Jaya ...Petitioner. rep. by her sister and next friend Geetha and first petitioner Vs. 1.The Junior Engineer, (Operation & Maintenance), Rural/Tamil Nadu Electricity Board, Tiruvallore. 2.The Assistant Executive Engineer (East), Tiruvallore Division, Tiruvallore. 3.The Executive Engineer, Rural/Tamil Nadu Electricity Board, Tiruvallore. 4.The Superintending Engineer, Rural/Tamil Nadu Electricity Board, Kancheepuram, Kancheepuram District. 5.The Chairman, Tamil Nadu Electricity Board, Mount Road, Chennai – 600 002. ...Respondents. PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to pay the petitioners a sum of Rs.5 lakhs as compensation for the death of their mother Guna, who had succumbed to death in view of the contact with the live wire at the fields belonging to one Gajendra Naidu at Ekkadu Village as per F.I.R.No.836997 dated 14.05.1998 duly registered under Section 173.Cr.P.C., in Crime No.383 of 1998 with immediate effect. For Petitioners : M/s.D.Ashok Kumar For Respondents : Mr.P.Srinivansan https://hcservices.ecourts.gov.in/hcservices/ O R D E R The writ petition has been filed by the two daughters of one Guna who died while coming into contact with a live electric wire in an accident happened on 14.05.1998. The writ petition has been filed by the petitioners seeking compensation. The live electric wire was hanging over Guna's head dangerously at 3-1/2 feet above the ground. The deceased while moving, came into contact with the live electric wire and she was electrocuted and she died. A police complaint was lodged with the Tiruvallore Police Station. The police in turn registered the complaint in Crime No.383 of 1998 under Section 174 Cr.P.C. A postmortem was conducted at the Government General Hospital and the death it is stated was due to contact with the live electric wire. 2.The respondent department was informed about the accident. A complaint was given by the public informing the authorities about the careless manner in which the department maintained the electric line. Stating that the department has not taken proper care and caution in transmission of electricity resulting the death, the petitioners' counsel issued a notice to the 4th respondent on 11.08.1999, and the same received by respondents on 27.09.1999. The 4th respondent issued a reply notice to the petitioners' counsel and reads as follows: "From To Er.R.Natarajan, M.E.M.I.E., Thiru.D.AshokKumar,Bsc.Bl. Superintending Engineer, Advocate, Kanchipuram, El.cy.Distn.Circle, 164, Thambuchetty Street, "Anna Maaligai" Vellore Road Chennai Olimohammedpottai, Pin-600 001. Kanchipuram. Lr.No.486/(554)/Adm.3/A.4/F.NDA/99 dt.04.10.1999 Sir, Sub: Notice for claiming Compensation to the Deceased Tmt.Gumna – Regarding. Ref: Your Notice.No.486/dt.11.8.99 received ------- With reference to your notice cited, I have to inform you that your client has not given any claim application regarding the compensation of the deceased Tmt.Guna, W/o.Appadurai. https://hcservices.ecourts.gov.in/hcservices/ Your clients has not given the following documents. 1.Claim petition from the legalheirs of the deceased in original. 2.Legalheir certificate original plus xerox copy. 3.Death certificate -original- plus xerox copy. 4.Police investigation report -original- plus xerox copy. Only on receipt of the above documents, the payment of compensation will be examined." 3.In view of the specific reply by the 4th respondent which has been extracted as above no order can be passed by this Court against the respondent to pay compensation, except to direct the petitioner to comply with the requirements as per 4th respondent letter dated 04.10.1999, in Lr.No.486/(554)/Adm.3/A.4.F.NDA/99. As and when the petitioner complies with the above said requirements as constrained in the 4th respondent letter the appropriate authority of the Electricity Board will consider the claim for compensation on merits. If the authority will decide the issue as expeditiously as possible preferably within a period of three months from the date of such compliance. The writ petition is disposed of as above. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar vsm To 1.The Junior Engineer, (Operation & Maintenance), Rural/Tamil Nadu Electricity Board, Tiruvallore. 2.The Assistant Executive Engineer (East), Tiruvallore Division, Tiruvallore. https://hcservices.ecourts.gov.in/hcservices/ 3.The Executive Engineer, Rural/Tamil Nadu Electricity Board, Tiruvallore. 4.The Superintending Engineer, Rural/Tamil Nadu Electricity Board, Kancheepuram, Kancheepuram District. 5.The Chairman, Tamil Nadu Electricity Board, Mount Road, Chennai – 600 002. W.P.No.13578 of 2001 RSI(CO) RVL 17.12.2009 https://hcservices.ecourts.gov.in/hcservices/