G.John Joseph Adaikalam v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19.02.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY G.John Joseph Adaikalam, S/o Gempu Pillai, No. 7/4/2, Yadhaval, 3rd Cross Street, Virugambakkam, Chennai - 600 092 ... Petitioner Vs
1. The Superintending Engineer, No.100, K V SS, K.K. Nagar,
2. The Assistant Executive Engineer, No.100, K V SS, K.K. Nagar,
3. The Assistant Engineer/O&M, Virugambakkam, ... Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the respondents to immediately repair damaged cables and to restore the electricity service connection to the petitioners residence situated at No.7/4/2, Yadhaval 3rd Cross Street, Virugambakkam, Chennai - 600 092 by considering the petitioner's representation dated 13.02.2025. For Petitioner : Mr.K.Sasindran For R1 to R3 : Mr.L.Jaivenkatesh ***
O R D E R
The writ petition is filed for a writ of mandamus directing the respondents to repair the damaged the electricity cable and to restore the electricity connection to petitioner's residence situate at No.7/4/2, Yadhaval, 3rd Cross Street, Virugambakkam, Chennai - 600 092 by considering the petitioner's representation dated 13.02.2025.
2. The grievance of the petitioner is that he has a low tension connection in respect of his house premises. The connection was established through an underground cable. Due to overload or some other defect, the underground cable got burnt and therefore, the same has to be changed. When the
petitioner approached the authorities, the authorities had also given instructions for payment of charges and procurement of the materials and everything is done and it is made ready. Now without any right, title or interest whatsoever, the petitioner's neighbour is objecting to the same on account of which the connection is not being effected.
3. The said neighbour is not made as a party to the present writ petition. When the matter came up for hearing, the Learned Counsel appearing on behalf of TANGEDCO would submit that, as far as electricity is concerned, a temporary overhead connection is granted to the petitioner's house and the work of laying the underground cable can only be done after the Corporation grants the road-cut permission. Already, the authorities have moved to Corporation for road cut. As and when the permission is granted, the work will be taken up. If there is any objection from a third party, since the cable was already exists, the same will be laid in the same position and the police protection will be requested if there is any undue force.
4. In view thereof, this writ petition is disposed of by recording the
above submissions made on behalf of the TANGEDCO Counsel.
5. It is needless to mention that the Inspector of Police, Virugambakkam Police Station, Chennai will also provide protection in the event that the authorities request the same. The Corporation Authorities shall consider the request made by the TANGEDCO within a period of four weeks and grant the necessary road-cut permission.
There shall be no order as to costs.
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1. The Superintending Engineer, No.100, K V SS, K.K. Nagar,
2. The Assistant Executive Engineer, No.100, K V SS, K.K. Nagar, Chennai 600 092.
3. The Assistant Engineer/O&M, Virugambakkam,
4. The Government Pleader, High Court, Madras.
D.BHARATHA CHAKRAVARTHY , J.
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