← Library
Madras High CourtWP/11614/2023disposed of

S.Venkatesan v. The Chief Electrical Engineer

2023-04-18Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.11614 of 2023 S.Venkatesan .. Petitioner Vs.

1. The Chief Electrical Engineer, Taimil Nadu Electricity Distribution Corporation, Villupuram Taluk and District.

2. The Supervising Engineer (EB) Office of the Supervising Engineer Office, Vengikkal, Thiruvannamalai.

3. The Executive Engineer, Vandavasi Taluk, Thiruvannamalai District.

4. The Assistant Executive engineer, Vandavasi Taluk, Thiruvannamalai District.

5. The Junior Engineer, Tamil Nadu Electricity Board, Desur, Vandavasi Taluk, Thiruvannamalai District.

6. P.Poongavanam ..Respondents

Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the respondents particularly the respondents 3 and 5 installing alternatively the electrical pole and electrical line to the 6th respondents well under the scheme of 3A1 (Poonthotta service) without affecting the petitioner's house proposed for construction, situated at Pancharai Village, Vandavasi Taluk, Thiruvannamalai District comprised in S.No.184/5B2 to an extent of 0.10 cents acre 1.10 cents on the basis of the petitioner's representation dated 17.03.2023. For Petitioner : Mr. R.Thanjan For Respondents : Mr.Daniel Marry RR1 to 5

O R D E R

This writ petition has been filed seeking a direction to the respondents particularly the respondents 3 and 5 installing alternatively the electrical pole and electrical line to the 6th respondents well under the scheme of 3A1 (Poonthotta service) without affecting the petitioner's house proposed for construction, situated at Pancharai Village, Vandavasi Taluk, Thiruvannamalai District comprised in S.No.184/5B2 to an extent of 0.10 cents acre 1.10 cents on the basis of the petitioner's representation dated 17.03.2023.

2. It is the case of the petitioner that he is a permanent resident in the above mentioned address and he is having a land property measuring an extent of 1.10 cents. In the village, a person namely Poongavanam applied for a service connection under the scheme of 3A1 for his well nearby the petitioner's house property, for which, the respondents 3 to 5 have taken steps to give service connection by installing electrical pole very near and crossing to the petitioner's house. At the time of installing the police, the petitioner objected. Therefore, the petitioner made a detailed representation on 17.03.2023 to all the respondents for removal of the electric poles, but not responding and hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this Court may direct the second respondent to consider the petitioner's representation and pass appropriate orders within the reasonable time as fixed by this Court.

4. Heard the learned counsel on either side and perused the materials available on record. Since no adverse order is passed against the 6th respondent and hence notice to the 6th respondent is dispensed with.

5. Considering the facts and circumstances of the case and in view of the limited request made by the learned counsel for the petitioner, this Court directs the second respondent to consider the petitioner's representation and pass appropriate orders after providing opportunity to the petitioner as well as the 6th respondent, on merits and in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order.

6. With the above direction, the writ petition is disposed of. No costs. 18.04.2023 rli Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1. The Chief Electrical Engineer, Taimil Nadu Electricity Distribution Corporation, Villupuram Taluk and District.

2. The Supervising Engineer (EB) Office of the Supervising Engineer Office, Vengikkal, Thiruvannamalai.

3. The Executive Engineer, Vandavasi Taluk, Thiruvannamalai District.

4. The Assistant Executive engineer, Vandavasi Taluk, Thiruvannamalai District.

5. The Junior Engineer, Tamil Nadu Electricity Board, Desur, Vandavasi Taluk, Thiruvannamalai District.

M.DHANDAPANI,J.

rli W.P.No.11614 of 2023 18.04.2023