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Madras High CourtWP/25424/2023disposed of

D.K.Lakshmi Narayanan v. The Superintendent Engineer

2023-08-29Honourable Mr Justice N. Seshasayee4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2023 CORAM: JUSTICE N.SESHASAYEE WP.No.25424 of 2023 D.K.Lakshmi Narayanan

...Petitioner

-Vs1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Limited, No.229, N.M.Road, Avadi, Chennai - 54.

2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, No.229, N.M.Road, Avadi, Chennai - 54.

3.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, No.229, N.M.Road, Avadi, Chennai - 54.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 2nd Respondent to remove the EB wire passing over the Petitioner vacant land situated at survey No.2/2D admeasuring 2181 sq.ft. Old No.5, New No.22, Thiruvalluvar Nagar, Thulasi Street, Vilinchiyambakkam Village, Avadi, Chennai. 1/4

For Petitioner : Mr.T.K.S.Gandhi For R1 to R3 : Mr.L.Jaivenkatesh, Standing Counsel for TANGEDCO

ORDER

This Petition is filed to remove the electric service lines from the open space of the petitioner's property. This was objected to by a certain Lakshmi, who is stated to be a senior citizen. The petitioner had even moved the Consumer Grievance Redressal Forum with his grievance and the CGRF has concluded that if the petitioner provides a nonobjectionable alternative route to shift the electric service line vis-a-vis the service connection no.049-115-245, and agree to pay the shifting charges under DCW, then the respondent shall take necessary action. 2.Mr.L.Jaivenkatesh, learned Standing Counsel for TANGEDCO takes notice for the respondents 1 to 3.

3.The learned counsel for the petitioner submits that the petitioner is both willing to pay the cost of shifting and also shall indicate an alternative route to the Authority concerned.

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4.The petitioner is now required to approach the second respondent with a fresh representation for the said purpose, upon receiving which, the second respondent shall take a call strictly in accordance with law overruling any objection or obstruction from parties who have no right over the route which the petitioner may indicate, within a period of eights (8) weeks from the date on which the petitioner makes his representation. 5.The Writ Petition is disposed of accordingly. No costs. 29.08.2023 Index : Yes/No Internet : Yes/No Tsg To 1.The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Limited, No.229, N.M.Road, Avadi, Chennai - 54.

2.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, No.229, N.M.Road, Avadi, Chennai - 54.

3.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, No.229, N.M.Road, Avadi, Chennai - 54.

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N.SESHASAYEE, J., Tsg Order made in 29.08.2023 4/4