Madras High CourtWP/7727/2017disposed of

Mrs.V,Kasthuri, v. The District Collector

2021-03-26Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2021

CORAM

THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.7727 of 2017 (Through Video Conferencing) Mrs.V.Kasthuri ... Petitioner Vs.

1.The District Collector, Collector's Office, Cuddalore District.

2.The Superintending Engineer, Tamil Nadu Generation & Distribution Corporation Limited, Caaper Hills, Cuddalore.

3.The Divisional Engineer, Tamil Nadu Generation & Distribution Corporation Limited, L.N.Puram, Panruti.

4.The Executive Engineer, Tamil Nadu Generation & Distribution Corporation Limited, L.N.Puram, Panruti - 607 106.

5.The Assistant Executive Engineer, Tamil Nadu Generation & Distribution Corporation Limited, L.N.Puram, Panruti.

6.The Junior Engineer, Tamil Nadu Generation & Distribution Corporation Limited, L.N.Puram, Panruti - 607 106.

7.Mr.N.Rayor ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to relocate / replace the two new Electricity Post at the petitioner's property comprised in Old Survey No.161/1, New Survey No.205/2, situated at Palaya Pillaiyar Kuppam Village,

Panrutti Sub-Registration District, Cuddalore Registration District and measuring to an extent of 0.20.0 hectar (20 Acres or 50 Cents) and thereabouts.

For Petitioner : M/s.T.S.Kanmani For R1 : Mr.N.Inbanathan, A.G.P.

For R2 to R6 : M.Varun Kumar *****

O R D E R

This Writ Petition has been filed for a Writ of Mandamus to direct the respondents to relocate the two new Electricity Posts from the petitioner's property comprised in Old Survey No.161/1, New Survey No.205/2, situated at Palaya Pillaiyar Kuppam Village, Panrutti Sub-Registration District, Cuddalore Registration District.

2. The case of the petitioner is that these two Electricity Posts have been erected in the petitioner's aforesaid property for the benefit of Rice Mill of seventh respondent. 3.The sixth respondent, Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited, has filed a report dated 21.08.2018 before this Court. As per said report, two Electricity Posts have been erected in the land belonging to the seventh respondent in SF.No.205/15-0130 and not in the land belonging to the petitioner. Therefore, there is some doubt as to whether the two Electricity Posts have been erected in the petitioner's land or seventh respondent's land.

4. Since there is no clarity in the report filed by the sixth respondent Junior Engineer, Tamil Nadu Generation and Distribution Corporation Limited dated 21.08.2018, to meet the ends of justice and to bring a finality to the disputes, I direct the sixth respondent to take assistance of the Village Administrative Officer of the concerned area to identify the location of the two Electricity Posts in the presence of the petitioner and the seventh respondent or their legal representatives.

5. Based on the report with the assistance of the Village Administrative Officer of the concerned area, further actions may be taken as to whether the Electricity Posts are to be relocated or not. The above exercise shall be carried out by the sixth respondent in the presence of the petitioner and the seventh respondent or their legal representatives, within a period of eight weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of with the above observations. No cost.

Sd/- Assistant Registrar /TRUE COPY/ Sub-Assistant Registrar jen To 1.The District Collector, Collector's Office, Cuddalore District.