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Madras High CourtWP(MD)/546/2020allowed

Sakthivel v. The Superintending Engineer

2023-03-23Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2023

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA and W.M.P.(MD) No.417 of 2020 Sakthivel ... Petitioner /vs./ 1.The Superintending Engineer, TANGEDCO, Thanjavur.

2.The Executive Engineer (Operation and Maintenance), TANGEDCO, Palayam Pattukkottai, Thanjavur, Thanjavur District.

3.The Assistant Executive Engineer, (Operation and Maintenance), TANGEDCO, Peravurani, Thanjavur District.

4.The Assistant Engineer, (Operation and Maintenance), TANGEDCO, 1/4

Perumagalur, Peravurani Taluk, Thanjavur District.

5.Ramaiyan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the 4th respondent to erect and draw the electricity pole and line in and above petitioner's land in S.F.No.49/6C, 61/14, 61/16 of Seegankadu, Ruthirasinthamani Revenue Village, Ruthirasinthamani Post, Peravurani Taluk, Thanjavur District.

For Petitioner : Mr.K.Baalasundharam For R1 to R4 : Mr.K.Nagarajan Standing Counsel

ORDER

The above writ petition has been filed for a Mandamus forbearing the fourth respondent to erect and draw the electricity pole and line in and above petitioner's land in S.F.No.49/6C, 61/14, 61/16 of Seegankadu, Ruthirasinthamani Revenue Village, Ruthirasinthamani Post, Peravurani Taluk, Thanjavur District. 2.Considering the limited scope of the prayer, this Court is inclined to allow the Writ Petition with a direction to the respondents 1 to 4 to consider and 2/4

dispose of the representation of the petitioner dated 27.12.2019 within a period of eight weeks from the date of receipt of a copy of this order. The authority shall endeavour to find out if there is an alternate route available for drawing the electricity pole and line. If there is no such route, then the order should give reasons why the alternate route is not feasible. 3.With the above directions, the Writ Petition is disposed of. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

Speaking : Yes / No 23.03.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm 3/4

P.T.ASHA, J.

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