S.Amaranarayanappa, v. The Superintendent Of Engineer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.04.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.5196 of 2024 S.Amaranarayanappa ... Petitioner Vs.

1.The Superintendent of Engineer, TANGEDCO, Krishnagiri Town And Post, Krishnagiri District.

2.The Divisional Engineer, TANGEDCO, Rayakottai Road, Hosur Taluk, Krishnagiri District.

3.The Assistant Executive Engineer, TANGEDCO, Denkannikottai Town And Post, Hosur Taluk, Krishnagiri District.

4.The Assistant Engineer, TANGEDCO, Denkannikottai Town And Post, Hosur Taluk, Krishnagiri District.

...Respondents

1/5

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the Respondents, restraining them from laying HT Electric line passing through the Patta land of the Petitioner in Survey No. 484/1, 482/2, 484/3 and 484/4 at Pancakshipuram Village of Hosur Taluk, and restrain the Respondents from any further actions that may adversely affect the peaceful possession of the Petitioner.

For Petitioner : Mr.M.Mohamed Afridi For Respondents :

(for R1 to R4) : Mr.D.R.Arun Kumar, Standing Counsel for TANGEDCO

O R D E R

The relief sought for in the present writ petition is to restrain the respondents from laying HT Electric line passing through the Patta land of the Petitioner in Survey No. 484/1, 482/2, 484/3 and 484/4 at Pancakshipuram Village of Hosur Taluk, and restrain the Respondents from any further actions that may adversely affect the peaceful possession of the Petitioner.

2/5

2. The learned counsel for the petitioner made a submission that the petitioner has no objection for laying High Tension Electric line through his patta land. However, he made a request for deviation for laying the electrical line.

3. Deviation or alteration in laying the electrical line are to be made based on the expert's opinion, which cannot be directed by the High Court in exercise of the powers of judicial review.

4. The learned counsel appearing on behalf of the respondents made a submission that the towers are already constructed and the strings alone are to be fixed. That being the factum, the petitioner is at liberty to claim compensation under the Telegraph Act in the manner known to law. 5.Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. (sha) 15.04.2024 Index : Yes Speaking Order 3/5

To 1.The Superintendent of Engineer, TANGEDCO, Krishnagiri Town And Post, Krishnagiri District.

2.The Divisional Engineer, TANGEDCO, Rayakottai Road, Hosur Taluk, Krishnagiri District.

3.The Assistant Executive Engineer, TANGEDCO, Denkannikottai Town And Post, Hosur Taluk, Krishnagiri District.

4.The Assistant Engineer, TANGEDCO, Denkannikottai Town And Post, Hosur Taluk, Krishnagiri District.

4/5

S.M.SUBRAMANIAM . J., (sha) and W.M.P.No.5196 of 2024 15.04.2024 5/5