The main legal point established in the judgment is the liability of the Electricity Board under the Electricity Act, 2003, Section 161 for negligence in maintaining the power supply, leading to compensation for the victim's family.

JUDGMENT

(Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to pay compensation of Rs.10,00,000/- (Ten lakhs) to the petitioner for the death of petitioner's son namely Vinayagaselvam caused due to the negligence of the respondents.)

1. This writ petition has been filed seeking compensation from the Electricity Board for the death of petitioner's son due to electrocution.

2. According to the petitioner, a Panchayat bore well situated at the back side of his house was in disuse for the past 1 ½ years. However, the power supply to the bore well was not disconnected. The general public have complained to the second respondent herein that there was a leakage in the power supply in the Panchayat pumping room. However, they did not take enough care to rectify the same. On 21.06.2015 at about 05.30 p.m, when the petitioner's son went to the back side of the house, he got electrocuted while he came in direct contact with the earth wire which was kept open on the back side of the petitioner's house. Immediately after the incident, he was taken to the Government Hospital, Kadayam and later shifted to the Government Hospital, Tenkasi. However, he could not be saved and he passed away.

3. According to the learned counsel for the petitioner, though the said bore well was not used for the past 1 ½ years, the respondents 1 and 2 have not disconnected the power supply. The earth wire has also not been properly maintained. Because of the said negligence on the part of the respondents 1 and 2, the petitioner's son got electrocuted and passed away. Hence, he has sought for compensation of a sum of Rs.10,00,000/- from the respondent Electricity Board.

4. The first respondent had filed a counter affidavit contending that proper maintenance has been made regularly. In Paragraph No.4 of the counter, he has stated that there is no negligence at any point of time. He had further contended that the earthed terminal has to properly maintained only by the third respondent which has not been properly done. Hence, the respondents 1 and 2 are not liable for the payment of the said compensation. 5.The third respondent had filed a counter affidavit contending that he is not a necessary party since he is only a supervisory authority with regard to functioning of the village Panchayat. According to the third respondent, the dilapidated pump room with EB connection stands in the name of the village Panchayat President and hence, the third respondent namely the Block Development Officer is not responsible. Despite the information provided by the Village Panchayat President, the Electricity Board has not disconnected the service connection. Thus the unfortunate incident has happened.

6. I have considered the submissions made on either side and perused the materials available on record.

7. The petitioner's son aged about 15 years who was studying 10th Standard had died on 21.06.2015 due to electrocution. This fact is not in dispute by any one of the authorities.

8. According to the petitioner, the service connection which resulted in electrocution was connected to a Panchayat bore well. The said bore well was in disuse for more than 1 ½ years. Though a complaint was lodged by the villagers about leakage of electricity, the same was not attended properly by the Electricity Board. Hence, the incident has happened. The Electricity Board in Paragraph No.4 of the counter has admitted that on 21.06.2015 a complaint was received from the public and it was properly attended to in the morning, but in the evening, this incident has happened. After coming to know about the incident, the supply wires have been removed from the pole of the OHT service connection by the field staff. According the Electricity Board, the incident had occurred at the consumer premises due to the neutral fault on the adjacent serv