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Madras High CourtWP/24044/2024disposed of with direction

R.Sreenivasa Murthy v. The Chairman And Managing Director

2024-08-22Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Sreenivasa Murthy

...Petitioner

Vs.

1.

The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.

The Executive Engineer (Operation and Maintenance), Tamil Nadu Electricity Generation and Distribution Corporation, Rayakottai Road, Hosur, Krishnagiri District.

3.

The Assistant Engineer (Operation and Maintenance), Tamil Nadu Electricity Generation and Distribution Corporation, Bagalur, Hosur Taluk, Krishnagiri District.

...Respondents

Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondents herein to remove the electricity overhead lines extended over the house of the petitioner herein existing at Door No.1-69, Brahmin Street, Hosur Taluk and Krishnagiri District existing in SF.No.320/40 at Bagalur, Hosur Taluk, Krishnagiri District by considering the representations of the petitioner dated 08.01.2024, 10.02.2024, 23.03.2024, 13.05.2024 and 14.06.2024. For Petitioner : Mr.R.Nalliyappan Page No.1 of 6

For Respondents : Mr.S.Madhusudhanan

O R D E R

This Writ petition has been filed seeking direction to the respondents to remove the electricity overhead lines extended over the petitioner's house situated at Door.No.1-69, Brahmin Street, Bagalur, Hosur Taluk, Krishnagiri District in SF.No.320/40, by considering the petitioner's representations dated 08.01.2024, 10.02.2024, 23.03.2024, 13.05.2024 and 14.06.2024.

2. In view of the consent expressed by the learned counsel on either side, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that, he is the owner of the house property comprised in S.No.70/4, New Sub Division No.320/26, 320/40 & 320/41, Door No.1-69, Brahmin Street, Bagalur, Hosur Taluk, Krishnagiri District. While so, without the consent of the petitioner, the respondents have extended the electricity line over the petitioner's house for providing service connection to other consumers, who are residing adjacent to petitioner's Page No.2 of 6

house. Since the petitioner decided to demolish and reconstruct his house, he made several representations dated 08.01.2024, 10.02.2024, 23.03.2024, 13.05.2024 and 14.06.2024 to the respondents seeking removal of electricity lines existing over the petitioner's house, however, till date, the respondents have not taken any action on the petitioner's representations. Hence, the petitioner has come up with the present writ petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations dated 08.01.2024, 10.02.2024, 23.03.2024, 13.05.2024 and 14.06.2024 and to consequently remove the electricity overhead lines extended over the petitioner's house.

5. Learned counsel appearing on behalf of the respondents has no objection for the said order being passed by this Court and he fairy submitted that, appropriate orders will be passed on the petitioner's representation within the time stipulated by this Court.

6. In view of the limited request made by the learned counsel for the Page No.3 of 6

petitioner, this Court without expressing any opinion on the merits of the case, directs respondents to consider the petitioner's latest representation dated 14.06.2024 on merits and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and aggrieved persons if any.

7. With the above directions, this Writ Petition stands disposed of. No costs.

22.08.2024 skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No To:

1.

The Chairman and Managing Director, Page No.4 of 6

Tamil Nadu Generation and Distribution Corporation Limited, 144, Anna Salai, Chennai - 600 002.

2.

The Executive Engineer (Operation and Maintenance), Tamil Nadu Electricity Generation and Distribution Corporation, Rayakottai Road, Hosur, Krishnagiri District.

3.

The Assistant Engineer (Operation and Maintenance), Tamil Nadu Electricity Generation and Distribution Corporation, Bagalur, Hosur Taluk, Krishnagiri District.

M.DHANDAPANI, J.

skt Page No.5 of 6

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