High Court Kerala High Court

Kerala State Electricity Board vs Kerala State Human Rights … on 2 February, 2010

Kerala High Court
Kerala State Electricity Board vs Kerala State Human Rights … on 2 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37535 of 2007(R)


1. KERALA STATE ELECTRICITY BOARD,
                      ...  Petitioner

                        Vs



1. KERALA STATE HUMAN RIGHTS COMMISSION
                       ...       Respondent

2. UNNIKRISHNAN.E.B.,

3. ARAVINDAKSHAN, S/O.LATE VALLIAMMA,

4. SOUDAMINI.E.B.,

5. NANDU, AGED 7 YEARS (MINOR),

                For Petitioner  :SRI.C.K.KARUNAKARAN, SC FOR KSEB

                For Respondent  :SRI.K.ANAND

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :02/02/2010

 O R D E R
                  Thottathil B. Radhakrishnan, J.

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                    W.P.(C) No. 37535 OF 2007
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             Dated this the 2nd day of February, 2010

                               JUDGMENT

The Kerala State Electricity Board challenges the directions

issued by the Kerala State Human Rights Commission to pay an

amount of Rs.25,000/- each to the dependants of two women

who were electrocuted. The plea projected by the Board is that

there is no human right violation in the situation.

2. The Board admitted before the Commission that the

accident was due to snapping of a conductor due to the heavy

rain and wind and that coconut palm leaf had fallen on the line

and the conductor was broken. The area was water-logged and

the victims accidentally stepped on to the live conductor and got

electrocuted. These facts are sufficient enough to disclose that

no act of negligence or omission can be attributed to the victims.

The vagaries of nature, as pleaded by the Board before the

Commission, are well within those which have to be envisaged

and foreseen by the authority entrusted with the duties of

transmission of electrical energy.

WPC No.37535 of 2007

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2. The concept of human rights, even in terms of the

provisions of the Human Rights Act, 1993 encompasses violations

of right to life, the right guaranteed under the Constitution of

India which means, situation that would show infraction of Article

21 of the Constitution, as also various other matters which may

fall within the realm of international averments and documents as

may be binding on the Union and States in India. With that,

there is no jurisdictional error or legal infirmity in the impugned

order in as much as the deprivation of life is for no fault of the

victims, and, on facts, is directly chargeable to a situation to

which the doctrine of res ipsa loquitur applies. At any rate,

ends of justice do not require this Court to extend the writ

jurisdiction to erase the order issued by the Human Rights

Commission.

For the aforesaid reasons, this Writ Petition fails and the

same is accordingly dismissed. No costs.

Thottathil B. Radhakrishnan,
Judge.

ttb

WPC No.37535 of 2007

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