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Madras High CourtWP/34384/2024disposed of

Murugan v. Superintendent Engineer

2024-11-18Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Murugan ... Petitioner vs.

1.Superintendent Engineer, TANGEDCO, Villupuram District.

2.Executive Engineer TANGEDCO, Villupuram District.

3.Assistant Executive Engineer TANGEDCO, Villupuram District.

4.Junior Executive Engineer TANGEDCO, Villupuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents particularly the 2nd respondent to considering the petitioner's representation dated 24.08.2024 to remove the Electric pole erected in petitioner property which was situated at Nangalikondan Village, Villupuram District, Gingee Taluk. 1/5

For Petitioner : Mr.G.Mohammed Aseef For Respondents : Mr.V.Venkata Seshaiya Standing Counsel for TNEB

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to the 2nd respondent to consider his representation dated 24.08.2024 seeking removal of Electric Pole erected in the petitioner's property situated in Survey No.37/10D in Nangalikondan Village, Gingee Taluk, Villupuram District.

3. It is the specific case of the petitioner that the respondents erected Electric Pole in the petitioner's property without his consent and therefore, the petitioner submitted a representation dated 24.08.2024 before the 2nd respondent seeking removal of the same. The said representation has not been considered by the 2nd respondent till date. Hence, the petitioner is before this Court.

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4. Mr.V.Venkata Seshaiya, learned Standing Counsel for TNEB, who is taking notice for the respondents, would submit that as per the oral instructions from the respondents, the Electric Pole was erected in the public road and not in the property of the petitioner.

5. In view of the said submission made by the learned Standing Counsel appearing for the respondents, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the representation of the petitioner dated 24.08.2024 and pass final orders on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order, after affording reasonable opportunity to the petitioner.

6. With the above direction, the Writ Petition stands disposed of. No costs.

18.11.2024 Index : Yes/No Speaking order:Yes/No dm 3/5

To 1.Superintendent Engineer, TANGEDCO, Villupuram District.

2.Executive Engineer TANGEDCO, Villupuram District.

3.Assistant Executive Engineer TANGEDCO, Villupuram District.

4.Junior Executive Engineer TANGEDCO, Villupuram District.

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S.SOUNTHAR, J.

dm 18.11.2024 5/5