Madras High CourtWP(MD)/2794/2022disposed of

Jeyanthi v. The Superintendent Engineer

2023-10-04Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Jeyanthi ... Petitioner Vs.

1.The Superintendent Engineer, TANGEDCO, Trichy.

2.The Executive Engineer, TANGEDCO, Musiri, Trichy District.

3.The Assistant Executive Engineer, TANGEDCO, Musiri, Trichy District.

4.The Assistant Engineer, TANGEDCO, Musiri, Trichy District.

5.Muthuselvam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to restrain the Respondents 1/4

No. 2 to 4 from erecting any electric pole and electric line in Survey Number 28/6 of Sevinthilingapuram revenue village, Musiri Taluk, Trichy District, on the basis of petitioner's representations dated 09.11.2021 and 08.02.2022. For Petitioner : Mr.T.Vadivelan For Respondents : Mr.S.Deenadhayalan standing counsel for R1 to R4

ORDER

Heard the learned counsel appearing for the petitioner and the learned standing counsel appearing for R1 to R4. Issuance of notice to R5 is dispensed with.

2. The petitioner wants this court to forbear TANGEDCO from erecting any electric pole or draw electric line in the petition mentioned survey number. The petitioner has already given a representation in this regard.

3. The learned counsel for the petitioner asserts that patta in respect of the said survey number is in the name of her husband Rathinam. It appears that the fifth respondent has given an application for getting electricity service connection. The petitioner's apprehension is that while considering the fifth respondent's application, without her consent, the electric pole may be laid on the petition mentioned survey number.

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4. The TANGEDCO authorities will verify if the petition mentioned survey number is in the name of the writ petition or that of her husband. If that be so, without the petitioner's consent, no electric pole will be laid on the petition mentioned survey number. No electric line will be drawn over the said land also. The TANGEDCO authorities is directed to issue notice to the fifth respondent herein as well as the petitioner and hold summary enquiry as regards the ownership of the petition mentioned land. The authority will go only by the revenue record.

5. The Writ Petition is disposed of accordingly. No costs. 04.10.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi 04.10.2023 4/4