Mrs.Savithri v. The Superintendent Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.08.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI Savithri ... Petitioner Vs.
1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation, Collectorate, Dharmapuri District.
2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, Collectorate, Dharmapuri District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to remove the electric line which passes through the petitioner's land in Survey No.134/7 A1 situated in Thadangam Village, Nallampalli Taluk, Dharmapuri District, based on the representation of the petitioner dated 05.04.2024 within a time frame fixed by this court. Page No.1 of 6
For Petitioner : Mr.Sivakumar Rajappan For Respondents : Mrs.Daniel Mary Standing Counsel *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents to remove the electric line which passes through the petitioner's land in Survey No.134/7 A1 situated in Thadangam Village, Nallampalli Taluk, Dharmapuri District, based on the representation of the petitioner dated 05.04.2024 within a time frame fixed by this court.
2. Mrs.Daniel Mary, learned Standing Counsel, accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel appearing for the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that, he has purchased the land in S.No.134/7 situated in Thadangam Village, Nallampalli Taluk, Dharmapuri District. When she was intended to construct a house in the Page No.2 of 6
above said house site, she notice that the electric line crossing from the nearest electric pole passes through the petitioner's house site property, which causing hindrance and annoyance to the petitioner to construct the house for her residence. Therefore, she made a representation to the respondents on 05.04.2024 with a request to remove and shift the electric line passes through her property from the existing pole placed by the respondents authorities in the nearby land Survey No.134/7 A2 without any consent of the petitioner. However, the respondents have not considered the said representation. Therefore, left with no other alternative, the petitioner has filed the above writ petition.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation dated 05.04.2024 and pass appropriate orders, within a time frame that may be fixed by this Court.
5. Learned Standing Counsel appearing for the respondents Page No.3 of 6
submitted that petitioner's representation 05.04.2024 will be considered and appropriate orders will be passed, as expeditiously as possible.
6. Considering the limited request made by the learned counsel for the petitioner, this court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 05.04.2024 and pass appropriate orders, on merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs.
06.08.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation, Collectorate, Dharmapuri District.
2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation, Collectorate, Dharmapuri District.
Page No.5 of 6
M.DHANDAPANI, J.
sp 06.08.2024 Page No.6 of 6