BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
G.R. SWAMINATHAN, J.
G. Sendhattikalaipandian – Appellant
Versus
The Inspector of Police, Alangulam police station, Virudhunagar & Another – Respondent
W.P. (MD) No. 15166 of 2020
Decided On : 02-11-2020
Penal Code, 1860 – Section 304 – Constitution of India, 1950 – Article 226 – Writ of Mandamus – Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direct the respondents to expedite the investigation in Crime No.355 of 2020 on the file of Alangulam Police Station, Virudhunagar District and to pay maximum compensation for the petitioners son Saravanan who died due to electrocution – Held, This cannot be the end of the matter. – TANGEDCO must ensure that such occurrences do not occur in future. – Of course, there can never be any impregnable shield against bird hits or rodent interference. – But TANGEDCO can undertake a comprehensive safety audit. Bushes underneath the electric poles and transmission lines can be cleared. – They can announce cash prizes for young scientists to come out with ideas as to how the feeder can trip automatically, once line is snapped. – Court is told that in Japan, the safety standards are truly impeccable. – It appears that in Japan, the electricity transmission lines are laid in insulated form beneath the ground. – The lines do not carry load beyond what is required. – It is only in India, the lines carry unnecessary load that enables pilferage. – Court is aware that whenever the political parties conduct meetings, the first thing that they do is to put a hook on a nearest electricity line to tap electricity. “nfhff; p NghLjy;” (putting a hook) is a term with which all of us are familiar. – What was the originally a department of the Government became a statutory board and has now metamorphosed into a Corporation. – While the form has changed, the situation on ground remains the same. – The time has come to administer shock to the system. – Court look forward to the day when TANGEDCO will be a profitable enterprise and maintaining the highest safety standards. – Writ Petition Allowed
JUDGMENT :
(Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direct the respondents to expedite the investigation in Crime No.355 of 2020 on the file of Alangulam Police Station, Virudhunagar District and to pay maximum compensation for the petitioner's son Saravanan who died due to electrocution.)
1. I hail from Thiruvarur. It was ruled by Manu Needhi Cholan (I refuse to rename or call him by some other name merely because “Manu” may sound politically incorrect). This King had hung a giant bell in front of his palace. Any one seeking justice could ring it and he will be heard and justice rendered. One day, it so happened that a young calf had got crushed under the wheels of the chariot on which the only son of the king, Prince Veedhi Vidangan was travelling. The mother of the calf walked to the palace gates and rang the bell. The king came out and learnt what happened. The king ordered that his son should be killed in the same way so that he could undergo the very same pain as that of the cow. The legend has been depicted in stone near the vitta vassal of the temple and it is one of my earliest memories. The Bench of Justice R.K.Agarwal and Justice D.Y.Chandrachud referred to this legend in one of their orders.
2. We are a proud republican State. There is no place for kings to hand out summary sentences. But then, wrongs continue to be perpetrated and tragedies continue to occur. There are lakhs of people crying for justice. It becomes our duty to speedily respond.
3. When I sat on the Bench on 29.10.2020 to commence the day's proceedings, I saw before me a middle aged villager holding a petition. On enquiry, I came to know that he is eking out his life as a gardener. He and his wife Ramalakshmi were blessed with two sons, namely, Saravanan and Bharathi. Saravanan was everything to them. He was studious and disciplined. He had passed out of Ayya Nadar Janaki Ammal College, Sivakasi in First Class in B.Sc.(Visual Communication). He took up post-graduation in M.A.(Journalism) in Madras University. He was a meritorious student. His only dream in life was to clear civil services and become District Collector. On account of Covid-19 pandemic, Saravanan had come back to the village. On 07.10.2020 at about 9.30 a.m., after dropping his father in the market, he was returning home through the customary pathway running across a private land belonging to a local factory. He came in contact with a live overhanging wire. He was electrocuted and died on the spot. Crime No.355 of 2020 was registered on the file of Alangulam police station for the offence under Section 304(2) of I.P.C. against unknown electricity board officials.
4. Sendhattikalaipandian is the bereaved father who stood before me. He had sent a petition through e-mail to the Registrar(Judicial), Madurai Bench, Madras High Court seeking justice.
5. I did not have the heart to tell him that he should consult a lawyer and file a proper writ petition before the High Court or a suit for compensation before the civil court. I was reminded of the decision reported in (2013) 2 MLJ 302 (Arulmeri V. Superintendent of Engineer, TNEB) wherein it was authoritatively held that when the deceased was not at fault and the death had occurred due to fall of electric wire, there is no need for the dependent to go before the civil court and that relief can be granted in writ proceedings. Did not Justice V.R.Krishna Iyer treat letters as writ petitions?. I directed the Registry to number the e-mail sent by Sendhattikalaipandian as a writ petition. The jurisdictional police and TANGEDCO were arrayed as respondents. I directed the learned Standing counsel for TANGEDCO and the learned Additional Public Prosecutor to take notice and obtain full instructions and be ready when the matter is taken up for disposal at 1.00 p.m. I also directed the concerned officials to appear before the Court through web hearing with all relevant particulars. I must pl
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