G.Prakash v. The Assistant Executive

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03-12-2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WP NO.20870 OF 2014 G.Prakash

...Petitioner

vs.

1.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Thiruvagoundanoor, Salem-636 005.

2.C.Muthu 3.Kalyani 4.T.Bharathi 5.R.Sasikumar 6.Dhanabakiyam (R-2 to R-6 impleaded vide order of Court dated 26.08.2014 made in MP No.1 of 2014 in WP No.20870 of 2014)

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the first respondent to implement the order passed in Ka.No.ENiPo/E&P/Ti ka/Se/K.Tha A2/No.24/14 dated 26.04.2014 and further initiate action against the persons who have illegally laid electric wires in S.No.23/11 A2, B1 in Lenin Nagar, Ariyagondampatty Village, Salem Taluk, Salem District. For Petitioner :

Mr.K.S.Karthik Raja For Respondent-1 :

Mr.L.Jaivenkatesh, Standing Counsel for TANGEDCO.

For Respondents 2 to 6 :

NA

O R D E R

The relief sought for in the present writ petition is to direct the first respondent to implement the order passed on 26.04.2014 and further initiate action against the persons, who have illegally laid electric wires in S.No.23/11 A2, B1 in Lenin Nagar, Ariyagondampatty Village, Salem Taluk, Salem District.

2. The grievance of the petitioner is that the Private Respondents 2 to 6 have illegally laid electric cables without the permission of the Electricity Board and misusing the electricity power. The petitioner made a complaint in respect of illegal usage of electricity connection and laying of cable in the subject property.

3. The Junior Engineer (Operation and Maintenance), Thiruvagoundanoor, Salem-5 passed an order in proceedings dated 26.04.2014, directing the Private Respondents 2 to 6 to remove the illegal laying of cable connection and inform the same to the Electricity Board. In spite of the said order passed by the Electricity Board Authorities, the Private Respondents 2 to 6 have failed to remove the said cable and thus, the petitioner is constrained to move the present writ petition.

4. This Court is of the considered opinion that any illegal laying of electricity cable or utilisation of electricity power, is in violation of the Electricity Act and Regulations. When the first respondent himself issued an order asking the Private Respondents 2 to 6 to remove the illegal cable connections, he is bound to ensure that the said order is implemented.

5. This being the factum, the first respondent is directed to conduct an inspection once again and identify the illegal laying of electric cables or otherwise and initiate all appropriate actions under the provisions of the Act and the Rules, within a period of four weeks from the date of receipt of a copy of this order.

6. With the abovesaid directions, the writ petition stands allowed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS-VI) // True Copy // Sub Assistant Registrar Svn

To The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., (TANGEDCO), Thiruvagoundanoor, Salem-636 005.

W.P.No.20870 of 2014 PL(CO) RVM(16/12/2021)