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Madras High CourtWP(MD)/1830/2023disposed of

Lourdudas v. The Superintending Engineer

2025-11-21Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Lourdudas .. Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Nagercoil, Kanyakumari District.

2.The Executive Engineer (Distribution), TANGEDCO, Maruthancode, Kuzhithurai, Kanyakumari District.

3.The Assistant Executive Engineer (Distribution), TANGEDCO, Munchirai Sub Station, Pudhukkadai (Post), Kanyakumari District.

4.The Junior Engineer (Distribution), TANGEDCO, Pudhukkadai, Kanyakumari District.

5.Shajan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents 1 to 4 to shift the High Power Electricity Line to the 5th Respondents Ice Plant

adjacent to the petitioner's property in Survey No.514/14A of Munchirai Village, Killiyoor Taluk, Kanyakumari District based on the petitioner's representation dated 02.12.2022 within the time stipulated by this Court. For Petitioner : Mr.M.R.Sreenivasan For R1 - R4 : Mr.S.Deenadhayalan Standing Counsel For R5 : Mr.V.Sasikumar

ORDER

This writ petition has been filed for the following relief : "directing the respondents 1 to 4 to shift the High Power Electricity Line to the 5th Respondents Ice Plant adjacent to the petitioner's property in Survey No.514/14A of Munchirai Village, Killiyoor Taluk, Kanyakumari District based on the petitioner's representation dated 02.12.2022 within the time stipulated by this Court."

2. The case of the petitioner is that he is the owner of the agriculture land in Survey No.514/14A in Munchirai Village, Killiyoor Taluk, Kanyakumari District. The 5th respondent without obtaining

proper permission from the adjacent land owners of the property, has constructed an Ice Plant. For providing electricity service connection to the said unit, a transformer has been installed in close proximity to the southern boundary of the petitioner's property and an electric line has also been drawn. Prior to drawing the said electricity line, the petitioner requested respondents 1 to 4 to draw the line through his property in such a manner that his standing trees would not be affected. The petitioner also submitted a representation to respondents 1 to 4 on 02.12.2022, requesting shifting of the electrical line. Pursuant to the same, the respondent officials inspected the site and observed that the present alignment was in total violation and posed danger to agricultural labourers and coconut tappers. They assured the petitioner that steps would be taken to shift the said line and directed the 5th respondent to remit the requisite charges for such shifting. However, till date, the electricity line has not been shifted. Therefore, the petitioner is before this Court.

3. Heard the learned counsels on either side.

4. The learned Standing Counsel has now agreed that the electric line which is now drawn on half pole will be removed and will be drawn through proper electric poles. The learned counsel for the petitioner as well as the 5th respondent have no objection for the same. The photograph of the said location is extracted hereunder:

5. Recording the above submission made by the learned counsels, this Writ Petition stands disposed of, directing the respondents 1 to 4 to draw the electricity line in the same alignment where the existing half poles are located. The photograph of the said place shall form part of the order. No costs.

21.11.2025 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The Superintending Engineer, TANGEDCO, Nagercoil, Kanyakumari District.

2.The Executive Engineer (Distribution), TANGEDCO, Maruthancode, Kuzhithurai, Kanyakumari District.

3.The Assistant Executive Engineer (Distribution), TANGEDCO, Munchirai Sub Station, Pudhukkadai (Post), Kanyakumari District.

4.The Junior Engineer (Distribution), TANGEDCO, Pudhukkadai, Kanyakumari District.

P.T.ASHA, J.

gbg 21.11.2025