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2025 Supreme(Online)(Mad) 76529

IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MS. JUSTICE P.T.ASHA
PALANI – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent



BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 27.10.2025

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA

Palani ..Petitioner

Vs

1.The District Collector,

Tirunelveli District.

2.The Tahsildar,

Nanguneri Taluk,

Tirunelveli District.

3.The Executive Engineer, (Distribution),

Tamilnadu Generation and Distribution Corporation (TANGEDCO),

Valliyur,

Tirunelveli District.

4.The Assistant Engineer, (Distribution),

Tamilnadu Gneration and Distribution Corporation (TANGEDCO),

Kalakkadu,

Tirunelveli District.

..Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order in Ka.No.Sepo/Vi/Va/Varai/Ko/Pukar/A.No.263/18 dated 26.03.2018 issued by

the third respondent and quash the same and further direct the third respondent to grant compensation to the petitioner for the death of the petitioner's buffalo.

For Petitioner : Mr.S.Selva Aditiya For Respondents :Mr.S.Jeya Priya (for R1 & R2)

Government Advocate Mr.S.Deenadhayalan (for R3 & R4)

Standing Counsel ORDER This writ petition has been filed to quash the impugned order passed by the third respondent dated 26.03.2018 in Ka.No.Sepo/Vi/Va/Varai/Ko/Pukar/A.No.263/18 and to direct the third respondent to grant compensation to the petitioner for the death of the petitioner's buffalo.

2. It is the case of the petitioner that while the buffalo was grazing in a open space near to Village Administrative Office of Keezhapathai, the electrical live wires belonging to the respondents 3 and 4, suddenly fell upon one of the petitioner's buffaloes and died on the spot. The said buffalo was at her advanced stage of pregnancy, at the time of death. The worth of the buffalo is Rs. 1,00,000/-. The postmortem conducted on the buffalo also indicated that it had died on account of electrocution. Hence, the petitioner made a complaint before the police officials. Thereafter, on 06.11.2017, he made a representation before the respondents 1 and 2 respectively, seeking compensation. Since the electrical wires are belonging to the respondents 3 and 4, the second respondent forwarded the petitioner's representation to the third respondent. The third respondent rejected the petitioner's claim vide order dated 26.03.2018 on the ground that the accident happened only due to the negligence of the buffalo. Challenging the same, the present writ petition has been filed.

3.Heard the learned counsel appearing for the petitioner, learned Government Advocate appearing for the respondents 1 and 2, the learned Standing counsel appearing for the respondents 3 and 4 and perused the materials available on record.

4.The reason for the rejection to say the least absurd, to attribute caution and reason to a four-legged animal clearly indicates the non-application of mind on the part of the third respondent. As per the circular issued by the Chief Engineer/Personnel, in (per) (FB) TANGEDCO Proceedings No.6, dated 16.10.2019, Tamil Nadu Generation and Distribution Corporation Limited (ABSTRACT), (Administrative Branch), the Chief Engineer/Personnel had modified the earlier board proceedings by enhancing the compensation payable in respect of fatal/non-fatal, non-departmental, mechanical/Electrical accidents to both human beings/Animals with effect from 29.10.2019. No doubt, the accident had taken place prior to the issue of this Abstract. However, in the instant case, it was not only the buffalo but also its calf that had died on account of the electrocution.

5.Hence, the third respondent is directed to pay a sum of Rs.25,000/- as compensation to the petitioner within a period of three weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs.

27.10.2025 NCC : Yes/No Index : Yes/No Internet:Yes vsg To

1.The District Collector, Tirunelveli District.

2.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

3.The Executive Engineer, (Distribution), Tamilnad

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