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Madras High CourtWP/22347/2017disposed of

E.Balasubramanian, v. The Superintending Engineer,

2017-08-22Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.22347 of 2017 and W.M.P.No.23429 of 2017 1.E.Balasubramanian 2.B.Tulasimani ... Petitioners Vs.

1.The Superintending Engineer, TANGEDCO, Eripalayam, Udumalpet.

2.The Assistant Engineer, TANGEDCO, Komaralingam, Udumalpet.

3.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Cholamadevi, Madathukulam Taluk, Tiruppur District.

4.The Assistant Executive Engineer, Public Welfare Department cum Water Resources Organisation, Amaravathi Basin, Komaralingam, Madathukulam Taluk, Tiruppur District.

5.M.Santhi ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents 1 to 4 from erecting electricity poles, laying lines, cables on the petitioners' land comprised in Survey Nos.465/A, 439, 393, 394, 436, 437, 438, 442, 443, 444, 445 situated at Komaralingam Village, Madathukulam Taluk, Tiruppur District by considering the representations dated 13.07.2017, 31.07.2017, 01.08.2017.

For Petitioners:Mr.K.Myilsamy For Respondents:Mr.S.K.Rameshuwar, Standing Counsel for TNEB (R1 to R3)

O R D E R

Mr.S.K.Rameshuwar, learned Standing Counsel takes notice for the respondents 1 to 3. By consent, the main writ petition is taken up for disposal at the admission stage itself.

2.The petitioners have filed the above Writ Petition to issue a writ of mandamus forbearing the respondents 1 to 4 from erecting electricity poles, laying lines, cables on the petitioners' land comprised in Survey Nos.465/A, 439, 393, 394, 436, 437, 438, 442, 443, 444, 445 situated at Komaralingam Village, Madathukulam Taluk, Tiruppur District by considering the representations dated 13.07.2017, 31.07.2017, 01.08.2017.

3.The learned counsel appearing for the petitioner submitted that the petitioners have given objections to the respondents for not erecting the electricity poles, laying lines, cables in their land mentioned above. However, the respondents have not considered the representations so far.

4.Mr.S.K.Rameshuwar, learned Standing Counsel appearing for the respondents 1 to 3 submitted that the respondents 2 & 3 may be directed to consider the petitioners' representations in accordance with law. 5.Having regard to the submissions made by the learned counsel on either side, I direct the respondents 2 & 3 to consider the petitioners' representations dated 13.07.2017, 31.07.2017 and 01.08.2017 and pass orders in accordance with law, after giving an opportunity of hearing of all the interested parties, within a period of three weeks from the date of receipt of a copy of this order.

6.With these observations, the Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petitions is closed.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar va

To 1.The Superintending Engineer, TANGEDCO, Eripalayam, Udumalpet.

2.The Assistant Engineer, TANGEDCO, Komaralingam, Udumalpet.

3.The Assistant Executive Engineer, Operation and Maintenance, TANGEDCO, Cholamadevi, Madathukulam Taluk, Tiruppur District.

4.The Assistant Executive Engineer, Public Welfare Department cum Water Resources Organisation, Amaravathi Basin, Komaralingam, Madathukulam Taluk, Tiruppur District.

+1cc to Mr.K.Myilsamy,Advocate sr.60258 W.P.No.22347 of 2017 and W.M.P.No.23429 of 2017 ks(co) ss(4/9/2017)