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Synopsis

In a significant judgment on September 4, 2024, the Madras High Court at Madurai Bench held Tamil Nadu Generation and Distribution Corporation (TANGEDCO) liable for the electrocution death of a cow.

While directing the TANGEDCO to pay Rs. 50,000 as compensation to the cow’s owner, court emphasized the need for diligent care of animals on the part of State instrumentalities.

The bench of Justice G.R. Swaminathan said,

“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”.

It stressed that the safe environment 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,” the single judge bench held.

Court was dealing with a writ petition filed by one T.Muthu Irulappan whose milch cow died due to electric leakage from an improperly maintained transformer in Kanyakumari district.

The petitioner had taken his cows out for grazing on October 27, 2023, when one of the cows stepped into a puddle beneath a 100 KVA power transformer. The transformer, surrounded by water due to poor fencing and maintenance, had a leakage of electricity, which caused the cow’s instantaneous death. Post-mortem reports confirmed electrocution as the cause.

The petitioner approached the court after TANGEDCO refused to pay compensation, despite the registered complaint and police investigation.

Opposing the petition, the counsel for the TANGEDCO questioned its maintainability, suggesting that the petitioner should approach a civil court for damages.

However, the court rejected this argument, noting that the facts were undisputed and that the negligence of the corporation was evident.

Justice Swaminathan referred to previous rulings, including Arulmeri vs. Superintending Engineer, TNEB and the Supreme Court's judgment in M.P. Electricity Board vs. Shail Kumari, which applied the principle of strict liability to electricity suppliers. According to this principle, the supplier of electricity bears full responsibility for ensuring that power infrastructure is safely maintained to prevent accidents.

Apart from that, Justice Swaminathan also referred to the broader issue of animal welfare. the judge cited alarming statistics provided by TANGEDCO, revealing that since 2006, more than 9,000 people and 2,495 animals had died due to electrocution in Tamil Nadu.

Conclusively, court ruled that TANGEDCO's negligence in maintaining its power infrastructure led to the cow's death and ordered compensation.

Case Title: T.Muthu Irulappan v State and Others