M.Vijaya, W/O.L.Muniyandi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5009 of 2019 and W.M.P.(MD)No.3980 of 2019 M.Vijaya ... Petitioner Vs 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai.

3.Arulmigu Anandavalli Sametha Somanatha, Swami Thirukovil through its Executive Officer, Sivagangai Devasanthanam Office, Sivagangai, Sivagangai District.

4.The Tahsildar, Manamadurai Taluk, Sivagangai District.

5.The Superintendent Engineer, TANGEDCO, Sivagangai, Sivagangai District.

6.The Assistant Engineer, TANGEDCO, Manamadurai, Sivagangai District.

7.The Executive Officer, Manamadurai Town Panchayat Office, Manamadurai, Sivagangai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents 3, 5 and 6 not to put up electricity pole, transformer and any other temporary or permanent structures at petitioner's property in Door No.13 to an extent of 2 cents, comprised at Natham Survey Number

1683 at Manamadurai Village and Taluk, Sivagangai District, till the disposal of the second respondents appeal proceedings in R.O.C.No.1219 of 2016 / A1, as well as considering the petitioner's above appeal related representation dated 21.02.2019. For Petitioner : Mr.M.Venkatesan For R1, R2 and R4 : Mr.R.Sethuraman Special Government Pleader For R5 & R6 : Mr.S.M.S.Johny Basha For R3 : Mr.S.Madhavan For R7 : Mr.M.Rajarajan Government Advocate

ORDER

Heard the learned counsel on either side.

2.The petitioner wants removal of the electricity pole and transformer located outside her property.

3.This Court will not be justified in giving a positive direction to the respondent board to locate the electricity pole and transformer at another site or even cause its removal. This matter falls within the decision making power of the respondents board. However, without pronouncing anything on the merits, this Court can direct the respondents to consider the petitioner's request. The respondents shall dispose the petitioner's request by taking into account the ground reality.

4.The writ petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(AD-I) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai.

3.The Tahsildar, Manamadurai Taluk, Sivagangai District.

4.The Executive Officer, Manamadurai Town Panchayat Office, Manamadurai, Sivagangai District.

+1. C.C. to M/S.M.Venkatesan, Advocate SR.No. 51460 +1 cc to Special Government Pleader, SR.No. 51780 +1. C.C. to M/S.S.Madhavan, Advocate SR.No. 51309 W.P.(MD)No.5009 of 2019 and W.M.P.(MD)No.3980 of 2019 04.03.2019 RMI JM/04.04.2019/3P/8C