T GAJAYALAKSHMI THAYUMANAVAR Vs. SECRETARY PUBLIC WORKS DEPARTMENT GOVT OF T N MADRAS

JUDGEMENT

(1.) The Writ Appeal is directed against the order dated 7-7-1994 passed by A. Abdul Hadi, J., in W. P. No. 11576 of 1994 dismissing the writ petition filed by the appellants for a mandamus directing the respondents to pay a sum of Rs. 15 lakhs by way of compensation for the death of one T. Suryaprakash, who is the son of the appellants and who lost his life due to electrocution.

(2.) The order of the learned Judge reads thus :

(3.) In the Writ Appeal, it is contended by the learned counsel for the appellants, that the dismissal of the writ petition by the learned single Judge is wrong, in that, the appellants sought to establish a right when the writ petition was filed only for the enforcement of a right which already existed, i.e., the right to ensure that proper safeguards being provided to the public from the overhead wires carrying heavy loads of electricity. This right having been established sufficiently, the appellants are entitled to their right to claim compensation for the subsequent right accrued. It is further contended that the learned Judge has erred in holding that the quantum of damages had to be gone into only by a Civil Court while deciding a suit when it is very much within the powers and jurisdiction of this Court under Article 226 of the Constitution to decide the quantum of damages. It is then urged that the documents filed viz., postmortem certificate, etc., clearly establish that the death of the appellants' son was only due to electrocution and the fact the electrocution had occurred as the respondents had failed to provide cradles to the overhead lines and poles. The learned Judge has failed to look into these aspects of the matter.