Muthan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE : 19.01.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Muthan, S/o.Lalkhan@Pairappan ... Petitioner Vs.
1.The Chairman, TANGEDCO, Annasalai, Chennai - 2.
2.The District Collector, 3.The Superintendent Engineer, Operation and Maintenance, TANGEDCO, Krishnagiri Distribution Circle, 4.The Executive Engineer, Operation and Maintenance, TANGEDCO, Pochampalli, 5.The Junior Engineer, Operation and Maintenance, 1/8
TANGEDCO, Jagadevi, 6.The Superintendent of Police, 7.The Deputy Superintendent of Police, Bargur, Krishnagiri District.
8.The Inspector of Police, Kandhikuppam Police Station, 9.Indirani, W/o.Murugan 10.Selvi, W/o.Madhesh ... Respondents Prayer: This Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus to direct the 8th respondent to deploy adequate police protection for the TANGEDCO/Electricity Board persons to effect service connection to petitioner's land comprised in Survey No.185/2A of Modikuppam Village, Bargur Taluk, Krishnagiri District based on petitioner's representation dated 21.07.2022 and request of the 3rd respondent vide letter dated 20.10.2022.
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For Petitioner : Mr.D.Rameshkumar For Respondents : Mr.S.Madhusudanan Standing Counsel for R1, R3 to R5 Mr.A.Damodaran Additional Public Prosecutor for R6 to R8 : Mr.V.Rajamohan for R9 and R10
ORDER
This writ petition has been filed for a direction to the respondent police to provide police protection in order to enable the electricity board to effect service connec tion to the property belonging to the petitioner.
2.
Heard Mr.D.Rameshkumar, learned counsel for the petitioner and Mr.S.Madhusudanan, learned Standing Counsel for respondents 1, 3 and 5, Mr.V.Rajamohan for Respondents 9 and 10 and Mr.A.Damodaran, learned Additional Public Prosecutor for respondents 6 to 8. 3.
The police protection was sought for based on the representation made by the Junior Engineer of TANGEDCO by letter dated 3/8
02.07.2022. When the matter came up for hearing on 10.01.2024, this Court directed the learned Additional Public Prosecutor to take instructions with regard to the request that was made by the Junior Engineer. Accordingly, the case was directed to be posted for hearing today. When the matter came up for hearing today, the learned Additional Public Prosecutor produced the relevant records wherein it is seen that an enquiry was conducted in Current Paper No.74 of 2022 by the Sub-Inspector of Police, Kandhikuppam Police Station and the same was closed on 17.12.2022. 4.
In the considered view of this Court, the place where the wire is sought to be laid belongs to the 9th respondent. The 9th respondent was not willing to permit the electricity board to utilise this place. Hence, the Electricity Board cannot forcibly enter into the property of the 9th respondent and effect the service connection. In view of the same, the petitioner has to necessarily look out for an alternative place through which service connection can be effected. If there is no objection on the alternative place suggested by the petitioner / Electricity Board, the service connection can be effected through this place. Except giving this clarity, no further 4/8
orders can be passed in this writ petition.
5.
This writ petition is disposed of in the above terms. No costs. 19.01.2024 rka Index :Yes/No Internet:Yes Speaking Order/Non-speaking Order To 1.The Chairman, TANGEDCO, Annasalai, Chennai - 2.
2.The District Collector, 3.The Superintendent Engineer, Operation and Maintenance, TANGEDCO, Krishnagiri Distribution Circle, 4.The Executive Engineer, Operation and Maintenance, TANGEDCO, Pochampalli, 5/8
5.The Junior Engineer, Operation and Maintenance, TANGEDCO, Jagadevi, 6.The Superintendent of Police, 7.The Deputy Superintendent of Police, Bargur, Krishnagiri District.
8.The Inspector of Police, Kandhikuppam Police Station, 9.The Public Prosecutor, Madras High Court, Chennai.
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N.ANAND VENKATESH,J.
rka 7/8
19.01.2024 8/8