Madras High CourtWP/6925/2021disposed of

N.Arjunan v. The Superintending Engineer

2021-03-17Honourable Mr Justice B.Pugalendhi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17/3/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.6925 of 2021 N. Arjunan ...

Petitioner Vs

1. The Superintending Engineer TANGEDO, TNEB Erode Electricity Distribution Circle Erode Erode District.

2. The Assistant Engineer (O & M) TANGEDCO, TNEB Kasturipa Village Arachalur via Erode District

3. Ramasamy ...

Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus restraining the respondents 1 and 2 from drawing electrical line and erect electrical pole and install transformer on the cart track through the petitioner's land situated in R.S.Nos.1240/6, 1240/2 and 1240/1 Arachalur E Village, Erode District.

For petitioner ...

Mr.C.Prakasam For respondents ...

Mr.N. Damodaran Standing Counsel for R.R.1 and 2

O R D E R

This writ petition has been filed to restrain the respondents 1 and 2, from drawing electrical line and erect electrical pole and install transformer on the cart track through the petitioner's land, situated in R.S.Nos.1240/6, 1240/2 and 1240/1 Arachalur E Village, Erode District.

2. The grievance of the petitioner is that for providing electricity service connection to R.3, respondents 1 and 2 are taking electricity line through the cart track of the petitioner, which is the only pathway for the petitioner's land. The respondents are also intended to set up a transformer in the said place. If any such transformer is installed, it would affect the ingress and egress of the petitioner and he will be prevented from bringing the harvest crops and fertilizer through tractors.

3. Mr.Damodaran, learned Standing Counsel takes notice for the respondents 1 and 2 and would submit that the proposed lines are drawn only through the cart track and it would not affect the ingress and egress of the petitioner.

4. Without going into the merits of the case, this Court is inclined to direct the respondents to proceed with the work, without affecting the transportation of any goods from the petitioner's land.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-III) //True copy// Sub Assistant Registrar mvs.

1. The Superintending Engineer TANGEDO, TNEB Erode Electricity Distribution Circle Erode, Erode District.

2. The Assistant Engineer (O & M) TANGEDCO, TNEB Kasturipa Village Arachalur via Erode District +1cc to Mr.C.Prakasam, Advocate SR.No.17251 Writ Petition No.6925 of 2021 SKY(CO) GMY(08/04/2021)