1. Mr. M.Arulappan, aged about 76 years, who has lost his daughter A.Anthony Sahaya Rani, due to electrocution has filed the present writ petition representing the interest and welfare of his grand daughter, Minor Judith Rani aged about 5 years. A sum of Rs.15 Lakhs is claimed as compensation from the Secretary to Government, Government of Tamil Nadu, Electricity Board Department, Secretariat Building, Chepuak, Chennai and the Chairman, Tamilnadu Electricity Board, Anna Salai, Chennai, respondents 1 and 2, respectively.

2. According to him, his daughter A.Anthony Sahaya Rani was married to one Mr.Arokiyaraj. Due to family dispute, husband of A.Anthony Sahaya Rani deserted the matrimonial home. His whereabouts are not known. Now due to sudden demise of his daughter, his grand daughter minor Judith Rani, has become a orphan. Therefore, in the above circumstances, the petitioner/grandfather, representing the minor grand child has filed the writ petition claiming compensation, as stated supra. According to him, on 18.07.2013, there was heavy rain in the entire locality. About 8.30 pm, when his daughter A.Anthony Sahaya Rani went out for purchasing household articles, she was electrocuted, due to contact with a live wire in the street.

3. It is the case of the petitioner, that death of his daughter was only due to the negligence on the part of the officials of the 2nd respondent electricity board. He also submitted that the abovesaid accident was widely reported in the newspapers. In this context, a case in Cr.No.1010/13, was registered under Section 174 Cr.P.C (Electric Shock) on 18.07.2013, by the Stationed House Officer, J-8, Neelankarai Police Station. The death report also confirmed that the cause of death was due to electrocution.

4. The petitioner has further submitted that after considering the bonafides in the claim and the welfare of the orphan minor child, aged about 5 years, who is now nurtured by the writ petitioner, grandfather, the Hon'ble Chief Minister has directed exgratia payment of Rs.1,50,000/-to be paid to the minor child. Accordingly, the District Collector, Kancheepuram has deposited the said sum in a bank.

5. According to the petitioner, the amount ordered to be paid as exgratia does not represent just compensation for the loss of the life of the petitioner's daughter and mother of minor Judith Rani, aged about 5 years. He further submitted that the said amount is not sufficient to provide health, education and other basic amenities to the minor child. It is further submitted that though, representation has been made to the 2nd respondent, to provide just compensation, the same has not been considered. Hence, the present writ petition.

6. The Superintending Engineer, CEDC / South / K.K.Nagar, Chennai, has filed a counter affidavit denying the negligence of the Electricity Board, in not maintaining the lines. According to him, on the fateful day, a live wire got snapped due to heavy wind and gale, which led to this untoward incident, resulting in the loss of life of the petitioner's daughter, which is an Act of God. He has further submitted for the Act of God, liability cannot be fixed on the Electricity Board. Maintainability of the writ petition is also one of the grounds, raised for dismissal of the writ petitioner. Reliance has been placed on the decision of the Supreme Court in Chairman Grid Corporation of Orissa Ltd., (GRIDCO) and Others Vs. Smt.Sukamani Das and another reported in AIR 1999 SC 3412, Tamilnadu Electricity Board Vs. Sumathi and others, reported in 2000 AIR SCW 1717 and Khaleel Ahmed Dakhani Vs. Hatti Gold Mines Co. Ltd., reported in2000 (3) SCC 754.

7. Without prejudice to the above, Superintending Engineer, CEDC / South / K.K.Nagar, Chennai, has further submitted that a proposal for payment of compensation is already under consideration and final decision would be taken on the production of the post mortem / legal heir certificate. According to him, as and when the abovesaid re