IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.57560 OF 2014 (GM-RES) BETWEEN:
MR STEVEN DOUGLAS COLE AGED ABOUT 55 YEARS, RESIDING AT NO.36, NORTH STREET, VENTNOR ISLE OF WIGHT, PO381NJ,ENGLAND, REP. BY DAUGHTER AND GPA HOLDER EMMA CARRI GOLDING … PETITIONER (BY MR.KARIGOWDA HENCHINAMANE.S, ADV.) AND:
1. STATE OF KARNATAKA REPRSENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.
2. STATE OF KARNATAKA DEPARTMETN OF ENERGY REP BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001.
3. THE BRUHATH BANGALORE MAHANAGARA PALIKE (BBMP), HUDSON CIRCLE, BANGALORE-560 001, REP. BY ITS COMMISSIONER.
4. THE MANAGING DIRECTOR BANGALORE ELECTRCITIY SUPPLY COPRORATION LIMITED, (BESCOM LTD) HAVING ITS CORPORATE OFFICE AT K R CIRCLE, BANGALORE-560 001.
5. THE EXECTUIVE ENGINEER (ELECTRICAL) BRUHAT BANGALORE MAHA NAGARA PALIKE, NO.98, I FLOOR , 8TH CROSS, MALLESHWARAM,BANGALORE-560 003.
6. THE JUNIOR ENGINEER, EXECTION AND MAINTENANCE DIVISION XI, BANGALORE WEST IV SUB DIVISION, BESCOM, BANGALORE-560 008.
… RESPONDENTS (BY MR.Y.D.HARSHA, AGA FOR R-1 & R-2 MR.S.N.PRASHANTHACHANDRA, ADV. FOR R-3 & R-5 MR.G.C.SHANMUKHA, ADV. FOR R-4 R-6 SERVED & UNREPRESENTED) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER HIS REPRESENTATIONS VIDE ANN- D TO D8 TO PAY THE COMPENSATION AND DAMAGES OF RS.2,00,00,000/-(RUPEES TWO CRORES ONLY) TO THE PETITIONER FOR THEIR ACT OF NEGLIGENCE WHICH RESULTED IN THE LOSS OF THE PETITIONER’S SON.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Karigowda Henchinamane S., learned counsel for the petitioner.
Mr.Y.D.Harsha, learned Additional Government Advocate for respondent Nos.1 and 2 for respondent Nos.1 and 2.
Mr.S.N.Prashanthachandra, learned counsel for respondent Nos.3 and 5.
Mr.G.C.Shanmukha, learned counsel for respondent No.4.
2. The writ petition is admitted for hearing.
With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner is seeking for a writ of mandamus to consider the representations contained in Annexures D to D8.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the representations submitted by them shall be considered. On the other hand, learned counsel for the respondent submitted that the same shall be dealt with in accordance with law if not already decided.
5. In view of the submissions made and in the facts of the case, I deem it appropriate to dispose of the writ petition with a direction to the competent authority to decide the representations submitted by the petitioner, if not already decided in accordance with law by a speaking order within a period of two months from the date of receipt of certified copy of the order passed today. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS