Muniammal v. The Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.04.2025 Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Muniammal, F/62 Yrs, W/o. Late. Krishnan, No.6, Marriamman koil Street, Virupatchipuram, Dharmapuri District.

... Petitioner /versus/ l. The Secretary, Tamil Nadu Electricity Regulatory Commission, 4th floor, SIDCO Corporate office Building, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.

2.The Chairman & Managing Director, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Collectrate, 4.The Assistant Executive Engineer, North Circle, Collectrate, Dharmapuri - 636 705. 1/6

5.The Executive Engineer, O&M, North Circle, ... Respondents Writ Petition has been filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner application dated 13.01.2023, to shift the electric pole on the upper side of the road from the lower side of the petitioner land in Survey No.127, which endanger to the life of Land owner, without any cost. For Petitioner :Mr.Krishnasamy Chinnasamy For Respondents :Mr.Swami Subramanian, for R1 to R5

O R D E R

The writ petition is filed directing the respondents to consider the application of the petitioner dated 13.01.2023.

2. Upon hearing the Learned Counsel for the petitioner and perusing the said representation, the grievance of the petitioner is to shift a particular electric pole. It is the case of the petitioner that the said electric pole is on the 2/6

edge of the petitioner's property. The petitioner's property is an agricultural land and it is lying low to the depth of about 4 feet from the road that is passing nearby. Since the pole is on the land, the electric wire is now so low lying that it is likely to affect any laden vehicle including the sugarcane laden vehicles and there is a likelihood of accidents. The Drivers may not notice such low lying lines. The road is frequently used by the sugarcane laden lorries and trucks and other load vehicles. Therefore, the petitioner has made a representation to shift the pole to the road margin on an appropriate height.

3. When the matter came up for admission, the Learned Counsel for the respondents seeks time get instructions.

4. In view of the limited relief that is being granted, the writ petition is disposed of the admission stage itself.

(i) The 3rd respondent shall take up the representation of the petitioner dated 13.01.2023 for consideration. The 3rd respondent can also make a spot inspection and then decide the matter in accordance with law. 3/6

(ii) The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order.

There shall be no order as to costs.

09.04.2025 bsm To, l. The Secretary, Tamil Nadu Electricity Regulatory Commission, 4th floor, SIDCO Corporate office Building, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032.

2.The Chairman & Managing Director, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, Collectrate, 4/6

4.The Assistant Executive Engineer, North Circle, Collectrate, Dharmapuri - 636 705. 5.The Executive Engineer, O&M, North Circle,

6. The Government Pleader, High Court, Madras. 5/6

D.BHARATHA CHAKRAVARTHY,J.

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