VERDICTUM.

IN

W.P(MD)No.15735 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 01.08.2024

Pronounced on : 04.09.2024

CORAM

THE HON'BLE MR.JUSTICE G.R.SWAMINATHAN

W.P(MD)No.15735 of 2024

T.Muthu Irulappan .... Petitioner

Vs.

1.The State represented by

The Secretary to Government,
Energy Department,
Secretariat, Fort St.George,
Chennai – 600 009.

2.The Chairman cum Managing Director,

Tamil Nadu Generation and
Distribution Corporation Limited,
TANGEDCO, TANTRANSCO Building,
NPKRR Maligai, No.144, Anna Salai,
Chennai – 600 022.

3.The Chief Engineer / Distribution,

Tamil Nadu Generation and
Distribution Corporation Limited,
TANGEDCO, Tirunelveli Region,
Tirunelveli – 627 001.

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W.P(MD)No.15735 of 2024

4.The Superintending Engineer,

Tamil Nadu Generation and
Distribution Corporation Limited,
TANGEDCO, Kanyakumari Electrical
Distribution Circle,
Parvathipuram, Vetturnimadam,
Nagercoil – 629 003,
Kanyakumari District.

5.The Executive Engineer,

Tamil Nadu Generation and
Distribution Corporation Limited,
TANGEDCO, Distribution,
Boothapandi Sub Station,
Boothapandi – 629 852,
Nagercoil, Kanyakumari District.

6.The Assistant Executive Engineer,

Tamil Nadu Generation and
Distribution Corporation Limited,
TANGEDCO, Distribution,
Boothapandi Sub Station,
Boothapandi – 629 852,
Nagercoil, Kanyakumari District.

7.The Junior Engineer,

Tamil Nadu Generation and
Distribution Corporation Limited,
TANGEDCO, Distribution,
Thuvarankadu, Nagercoil,
Kanyakumari District.

8.The District Collector,

Kanyakumari District, Nagercoil.

9.The Regional Joint Director,

Department of Animal Husbandry,
Dairying and Fisheries Department,
Kanyakumari District, Nagercoil.

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W.P(MD)No.15735 of 2024

10.The Inspector of Police,

Aralvaimozhi Police Station,
Kanyakumari District. ... Respondents

Prayer : Writ Petitions filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, to call for the entire
records relating to the impugned letter issued by the fourth respondent, namely,
the Superintending Engineer, Tamil Nadu Generation and Distribution
Corporation Limited, (TANGEDCO), Kanyakumari Electrical Distribution
Circle, Parvathipuram, Vetturnimadam, Nagercoil, in Ka.No.015863/Me.Po/Ka
Mi Pa Va/NiPi.3/T.3/2023, dated 14.02.2024 refusing to pay and disbursement
of appropriate compensation amount for the electrocution death of the
Petitioner's Milch Cow, on 27.10.2023, due to the leakage of electricity in the
100 KVA Distribution Power Transformer situate at Veeranarayanamangalam,
Boothapandi Electricity Sub-station, Thovalai Taluk, Kanyakumari District and
to quash the same and consequently direct the respondents to pay appropriate
compensation for the Electrocution death of the petitioner's Milch Cow, on
27.10.2023, due to negligent maintenance of the transformer by the respondents
2 to 7 herein within the time stipulated by this Court.

For Petitioner : Mr.A.Saravanan

For Respondents : Mr.P.T.Thambidurai

Government Advocate for R1, R8 & R9

Mr. S.Deenadhayalan,
Standing Counsel for R2 to R9

Mr.A.Albert James
Government Advocate (Criminal Side)
for R.10

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W.P(MD)No.15735 of 2024

ORDER

Heard both sides.

2.The petitioner owned four milch cows. He took them out for grazing

on 27.10.2023. He was crossing the land of one Thangaiya. A 100KVA power

transformer was in the vicinity. A puddle of water had collected beneath the

transformer. It was not fenced. One of the cows of the petitioner stepped into

the puddle and died instantaneously. It was obvious that the cow had died due

to electrocution. There had been leakage of electricity. The petitioner lodged

complaint before the Aralvaimozhi Police Station. Crime No.267 of 2023 was

registered. Post-mortem was conducted and it confirmed that death was due to

electrocution. Seeking compensation for the loss of his cow, this Writ Petition

has been filed.

3.The learned Standing Counsel for the TANGEDCO submitted that the

petitioner will have to go before the jurisdictional civil Court for getting relief.

He questioned the maintainability of the writ petition.

4.I carefully considered the rival contentions and went through the

materials on record.

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W.P(MD)No.15735 of 2024

5.The core issues raised in this writ petition are no longer res integra.

The Madras High Court had held in Arulmeri vs. Superintending Engineer,

TNEB (2013) 2 MLJ 302 that when the deceased was not at fault and the death

had occurred due to snapping of electric wire, there is no need for the

dependant to go before the civil court and that relief can be granted in writ

proceedings. Jagannatha Mallick and Ors. Vs. North Electricity Supply

Company of Orissa Ltd. And Ors [MANU/OR/0143/2016 ; OJC No.12010 of

2000 dated 26.04.2016] is an interesting case involving similar facts. The

petitioners therein sought compensation for the death of their cows and

bullocks due to electrocution. Placing reliance on M.S Grewal vs. Deep Chand

Sood (2001) 8 SCC 151 and other decisions, it was held by the High Court of

Orissa that writ petition for payment of compensation for death due to

electrocution was maintainable when the facts are not disputed.

6.The Hon'ble Supreme Court in M.P Electricity Board vs. Shail

Kumari (2002) 2 SCC 162 had applied the principle of strict liability on the

supplier of electric energy. The principle of strict liability first evolved in

Rylands vs. Fletcher (1868) was subject to certain exceptions. In M.C Mehta

vs. Union of India (1987) 1 SCC 395, it was held that we need not feel

inhibited by the technical considerations surrounding the rule in Rylands vs.

Fletcher and that we have to evolve new principles and lay down new norms
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W.P(MD)No.15735 of 2024

which would adequately deal with the new problems which arise in a highly

industrialized economy. In Shail Kumari, it was held that so long as the

voltage of electricity transmitted through the wires is potentially of dangerous

dimension, the managers of its supply have the added duty to take all safety

measures to prevent escape of such energy or to see that the wire snapped

would not remain live on the road as users of such road would be under peril.

7.In the case on hand, the electric energy had leaked into the puddle

beneath the transformer. The unsuspecting cow had stepped into it and died as

a result. Applying the principles set out above, the liability of TANGEDCO to

compensate the petitioner is beyond dispute. It is however necessary to probe a

little more into the basis of tortious liability in such cases. Such an exercise has

become imperative because in Tamil Nadu 9000 people have died of

electrocution since 2006. Additionally, 2495 animals (both domestic and wild

animals) have been killed across the State during this period. This information

was supplied by TANGEDCO under RTI. The news item published in the New

Indian Express on 01.11.2023 also contains the following suggestions on how

to save lives :

● “Guarding shall be provided across road crossings and along road margins to avoid the death

of pedestrians

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W.P(MD)No.15735 of 2024

● Guarding should be earthed effectively on both sides and tied to the neutral

● Transformer earthing should be proper as IS 3043-2018 so that any fault on the lines will blow

the fuse at the transformer

● The earthing device should be connected to the neutral wire of the LT line in the pole so that if

any conductor snapping occurs either the LT open type fuse or HG fuse should have blown out

immediately.”

8.It is the duty of the State, State instrumentalities and local bodies to

ensure that the environment is kept safe and does not pose threat to the lives

and limbs of people. There cannot be any quarrel on this proposition. Article

21 of the Constitution of India confers fundamental right on persons that one's

life and liberty will not be imperilled except according to the procedure

established by law. Applying hohfeldian approach, peoples' rights has its jural

correlative and the State is under corresponding duty. Is the converse true ? In

other words, if there is none holding a right, is there no duty to bear? Animals

are yet to be conferred personhood. They cannot be right-holders (vide AWBI v.

UOI (2023) 9 SCC 322). Does it mean that the State bears no duty towards

them?

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W.P(MD)No.15735 of 2024

9.In N.R.Nair v. UOI (AIR 2000 Ker 340), it was observed as follows :

“13.....Though not homosapiens, they are also beings entitled to

dignified existence and humane treatment sans cruelty and torture. In
many respects, they comport better than humans, they kill to eat and eat
to live and not live to eat as some of us do, they do not practice
deception, fraud, or falsehood and malpractices as humans do, they care
for their little ones expecting nothing. In return, they do not proliferate as
we do depleting the already scarce resources of the earth, for they
practice sex restraint by seasonal mating, nor do they inhale the lethal
smoke of tobacco polluting the atmosphere and inflicting harm on fellow
beings. All animals except the very lowest exhibit some degree of
intelligent behaviour, ranging from learned responses to complex
reasoning. Many believe that the lives of humans and animals are equally
valuable and that their interests should count equally. Their contribution
to the health of human is invaluable, once it is remembered that nearly
every advance in health care and combating human diseases been based
on animal research. ...... Therefore, it is not only our fundamental duty
to show compassion to our animal friends, but also to recognise and
protect their rights. ..... While the law currently protects wild life and
endangered species from extinction, animals are denied rights, an
anachronism which must necessarily change.”

10.It is not as if electrocution is the sole cause. The natural life span of

cows is cut short due to consumption of plastic. This source of fatality is on an

alarming rise. It is relevant to refer to the 20th Report of Gujarat State Law

Commission which contains recommendations for taking appropriate steps to

control incidents where cows die after ingesting plastic. The report refers to
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W.P(MD)No.15735 of 2024

the order dated 15.07.2016 passed by the Hon'ble Supreme Court in WP (Civil)

No.154 of 2012 (Karuna Society for Animals and Nature v. UOI). The Court

took note of the fact that plastic materials littered on the road side are

consumed by animals adversely affecting their digestive track resulting in their

death. The Supreme Court observed that the situation was alarming and called

upon the governments to take all necessary steps. The report authored by

Hon'ble Justice M.B.Shah, former Judge, Supreme Court of India reads thus :
“6.At present, as the cows are not fed properly, they are left in the
society looking for food and the result is, they pick through plastic waste
and other indigestible substances. However, once milk production decreases,
the owners of cows usually abandon them.
....
8.It is observed that the animals, particularly, cows roam the streets
looking for food and it appears that the waste management system of the
local authority is extremely lacking and many of the times; such animals are
not fed properly. It also appears that, farmers / owners / occupants do not
afford to feed their cows, when they stop giving milk and, therefore, they are
often let loose to find the nutrients they need on the streets.

9. As cows pick through piles of garbage, they also consume plastic

and unsurprisingly, the biggest plastic pollutant digested by cows is plastic
bags. The bits of plastic consumed build up in their internal organs which
make it difficult for cows to eat. Because of this reason, perhaps, milk
production drops. There may be treatment to prevent their death but once
milk production stops, farmers / owners / occupants usually abandon cows
rather than spend money on their treatment. Resultantly, in number of cases,
the animals (cows) loose their valuable lives, after ingesting plastic.
...
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W.P(MD)No.15735 of 2024

12.It is felt that the incident of ingesting the plastic by the cows is
increasing day–by–day and, thus, lives of such animals remain in danger
which is one kind of indirect slaughter of animals and, therefore, appropriate
steps are required to be taken by the State Government to control incidents
where animals (such as, cows) die after ingesting plastic.”

It was recommended that there is a need to introduce penal provisions to

prevent littering of public space by plastic waste.

11.If death takes place due to electrocution, the cause is visible. Death

due to consumption of plastic is not apparent. In the case of the former, death

is instantaneous. In the case of the latter, the death comes gradually and

insidiously accompanied by severe pain. The law that speaks of prevention of

cruelty to animals is silent on this. Time has come to take note of this

disturbing reality and remedy the situation. Courts have a duty to invoke

parens patriae jurisdiction to take care of rights of animals since they are unable

to take care of themselves (AWBI v. A.Nagaraja (2014) 7 SCC 547, para 33).

This proposition laid down in A.Nagaraja has not been touched in AWBI v.

UOI (2023) 9 SCC 322.

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W.P(MD)No.15735 of 2024

12.The question framed at the outset is answered thus : even though

animals do not have rights, State and its instrumentalities and local bodies have

duty towards them and this duty can be enforced by courts. I hold that the

State, its instrumentalities and local bodies including corporations,

municipalities and panchayats are obliged to ensure a safe environment. This

would include the duty to keep all public streets free of plastic litter. If it is

established that death of cows has taken place due to consumption of plastic,

action for damages will lie against the erring body/entity. TANGEDCO is

obliged to put in place the safety measures mentioned above so that unnatural

deaths do not take place either due to leakage of electricity or by snapping of

live wires.

13.In the case on hand, TANGEDCO had failed in its duty to ensure safe

environment by preventing leakage of electricity. It is therefore liable to

compensate the petitioner. If there are factual disputes, then, certainly I would

have relegated the petitioner to go before the civil Court. In this case there is

no factual dispute at all. The TANGEDCO is squarely responsible for the

occurrence. Since the petitioner had suffered loss, the respondents 2 to 7 are

directed to pay a sum of Rs.50,000/-(Rupees Fifty Thousand only) to the

petitioner within a period of eight weeks from the date of receipt of a copy of

this order.

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W.P(MD)No.15735 of 2024

14.This writ petition is allowed accordingly. There shall be no order as

to costs.

04.09.2024

Index : Yes / No
Internet : Yes / No
NCC : Yes / No
SKM

To

1.The Secretary to Government,

Energy Department, Secretariat,
Fort St.George, Chennai – 600 009.

2.The District Collector,

Kanyakumari District, Nagercoil.

3.The Regional Joint Director,

Department of Animal Husbandry,
Diarying and Fisheries Department,
Kanyakumari District,
Nagercoil.

4.The Inspector of Police,

Aralvaimozhi Police Station,
Kanyakumari District.

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W.P(MD)No.15735 of 2024

G.R.SWAMINATHAN, J.

SKM

W.P(MD)No.15735 of 2024

04.09.2024

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