Laser v. The District Collector
In the High Court of Judicature at Madras Dated : 15.12.2017 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mr.Justice K.RAVICHANDRABAABU Writ Petition No.32714 of 2017 Laser
...Petitioner
Vs 1.The District Collector, Thirupur District, Thirupur.
2.The Superintending Engineer, Tamil Nadu Electricity Board, Thirupur Distribution Circle, P.N.Road, Jyothi Nagar, Thirupur.
3.The Executive Engineer, Tamil Nadu Electricity Board, PSG Building, Chennimalai Road, Kangeyam.
4.The Assistant Executive Engineer (North), Tamil Nadu Electricity Board, Palayakottai Road, Kangeyam.
5.The Assistant Engineer, Tamil Nadu Electricity Board, Palayakottai, Nathakadayur Via, Kangeyam Taluk.
6.K.Senthilkumar
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to remove the high tension overhead line over and across the 12 feet street and the residential colony - Bharathiyar Colony, Nathakkadaiyur, Kangeyam Taluk, Thirupur District and take the EB line on the 60 Feet Main Road, Puduchakarapalayam to Marudurai by considering the representation dated 18.11.2017 made by the petitioner and others.
For Petitioner : Mr.R.Kannan For Respondent-1 : Mr.T.N.Rajagopalan, SGP For Respondents 2 to 5 : Mr.S.K.Rameshwar Order of the Court was made by T.S.SIVAGNANAM,J Mr.T.N.Rajagopalan, learned Special Government Pleader accepts notice for the first respondent. Mr.S.K.Rameshwar, learned Standing Counsel accepts notice for respondents 2 to 5. Heard both.
2. The petitioner has filed this writ petition, designed as a public interest litigation, seeking to remove the high tension electricity line drawn for the purpose of providing industrial service connection to the sixth respondent.
3. The only ground, on which, the writ petition has been filed, is by contending that the line is proposed to be drawn across a residential area and that if the poles are to be placed in the center of the road, it will affect ingress and egress on the said road.
4. The learned Standing Counsel appearing for respondents 2 to 5, on instructions from the officer, who is present in court, submits that the line has been drawn and that the service connection has been effected to the sixth respondent on 22.11.2017. The learned Standing Counsel further submits that the road is not 12 feet road, but 25 feet road and that the line has been drawn only at the edge of the road.
5. We have also directed the learned counsel for the petitioner to produce photographs of that area. The learned counsel has also produced photographs, from which, it is clear that the poles have been placed at the edge of the road and not in the center of the road and that the road is 25 feet road. Hence, there is no basis for the petitioner for filing this writ petition, that too, as a public interest litigation.
6. Accordingly, the above writ petition is dismissed. No costs.
Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar rs
To 1.The District Collector, Thirupur District, Thirupur. 2.The Superintending Engineer, Tamil Nadu Electricity Board, Thirupur Distribution Circle, P.N.Road, Jyothi Nagar, Thirupur. 3.The Executive Engineer, Tamil Nadu Electricity Board, PSG Building,Chennimalai Road, Kangeyam.
4.The Assistant Executive Engineer (North), Tamil Nadu Electricity Board,Palayakottai Road, Kangeyam. 5.The Assistant Engineer, Tamil Nadu Electricity Board, Palayakottai, Nathakadayur Via, Kangeyam Taluk. +1cc to the Government Pleader, S.R.No.89915 WP.No.32714 of 2017 RRK(10/01/2018)