Madras High CourtWP/3954/2019disposed of

K.Gopalakrishnan v. The Assistant Engineer

2019-02-18Honourable Mr Justice T.Raja2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.3954 of 2019 and WMP No.4392 of 2019 K.Gopalakrishnan ... Petitioner -vsThe Assistant Engineer Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) (O&M) Suburban South Rasipuram Taluk Namakkal District ...

Respondent Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent herein to consider the objection of the petitioner submitted through the representation dated 02.12.2018 and refrain from dismantling the existing electricity line and draw a fresh line by erecting pole in front of the house of the petitioner situated in Survey No.105/1, Muthukalipatti Village, Rasipuram Taluk, Namakkal District, blocking the access from the Rasipuram to Muthukalipatti main road.

For Petitioner:: Mr.G.Arul Murugan For Respondent:: Mr.S.K.Raameshuwar Standing Counsel

ORDER

This writ petition has been filed seeking issuance of a mandamus directing the respondent to consider the petitioner's objection/representation dated 2.12.2018 and refrain from dismantling the existing electricity line and draw a fresh line by erecting pole not in front of the house of the petitioner situated in Survey No.105/1, Muthukalipatti Village, Rasipuram Taluk, Namakkal District, blocking the access from the Rasipuram to Muthukalipatti main road.

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2. When the matter was taken up, on instructions, the Assistant Engineer, Operation & Maintenance, TANGEDCO, Rasipuram has informed the learned standing counsel for the respondent in his letter No.AE/O&M/RL/S/RPM/ C1/F.Court case/D.No.289/18-19 dated 13.2.2019, a copy of which has been produced before the Court that till date, no work has been executed in the disputed place mentioned by the petitioner and an assurance has also been given that there would not be any pole erection in the objected place.

3. In view of the letter dated 13.2.2019 that no electric pole would be erected in front of the petitioner's gate/entrance, the writ petition stands disposed of directing the respondent to erect the pole in any other place and not in front of the petitioner's gate/entrance. Consequently, W.M.P.No.4392 of 2019 is closed. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar ss To The Assistant Engineer Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO) (O&M) Suburban South Rasipuram Taluk Namakkal District.

+1cc to Mr.G.Arul Murugan, Advocate Sr.14452 W.P.No.3954 of 2019 pa[co] srg 14/03/2019 https://hcservices.ecourts.gov.in/hcservices/