P. T. Krishnasamy v. Chairman, Tamil Nadu Electricity Board, Chennai
2013-02-14
P.R.SHIVAKUMAR
body2013
DigiLaw.ai
JUDGMENT 1. The petitioner, alleging to have sustained injury in a mishap that took place on 13.04.2006 due to the burst of the underground electrical cable, has chosen to come forward with the present writ petition praying for the issue of a writ of mandamus directing the first respondent to pay a sum of Rs.20,00,000/-(Rupees Twenty Lakhs only) as compensation based on his allegation that the mishap took place due to the negligence on the part of the respondents in the maintenance of the underground electrical cables. 2. The respondents have denied the contention of the petitioner that such mishap had taken place on 13.04.2006 at about 7.30 p.m., near Baby Tea Stall at Komaliswaranpettai Vinayagar Kovil O.P. Police Station. The respondents have also denied the contention of the petitioner that in such an accident involving bursting of the underground electrical cable the petitioner suffered injuries. When the case involves disputed facts, it shall not be fit for resolution in a writ petition filed under Article 226 of the Constitution of India. 3. The Hon'ble Supreme Court inChairman, Grid Corporation of Orissa Ltd., (GRIDCO) and others Vs. Smt. Sukamani Das and another reported in A.I.R. 1999 Supreme Court 3412(1) dealing with the case arising on similar facts held that the High Court should have directed the writ petitioners therein to approach the Civil Court instead of deciding the disputed question of facts. The ratio decided therein squarely applies to the case on hand. 4. Following the said ratio, this writ petition is dismissed. The petitioner may approach the Civil Court for necessary relief.