V. Ramasamy v. The Superintending Engineer

W.P.(MD)No.5727 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2020

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN, J W.P.(MD)No.5727 of 2020 V.Ramasamy ... Petitioner vs.

1.The Superintending Engineer, Tamil Nadu Electricity Board, Meenakshinaickanpatty, Dindigul District.

2.Assistant Electrical Engineer (Town), Tamil Nadu Electricity Board, Vedasanthur, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to shift the High Tension Electricity Line, which has been laid across the roof of the petitioner's house situated at Door No.5-5/1, Yusuf Nagar, Minor Colony, Vedasanthur Village, Dindigul District and to install through other appropriate line by considering his written representation dated 25.02.2020 within a stipulated time.

For Petitioner : Mr.A.Chandrakumar For Respondents : Mr.M.Rajeswari, for Mr.S.M.S.Johnny Basha, Standing Counsel

O R D E R

The petitioner V.Ramasamy residing at No.5-5/1, Yusuf Nagar, Minor Colony, Vedasanthur Village, Dindigul District, is aggrieved by the fact that the respondents herein have erected a High Tension Electricity Line right over the roof of the house of the petitioner.

2. In the affidavit filed in support of the writ petition, the petitioner has stated that there is always a possibility for the respondents to lay the High Tension wire over an alternate route. The learned counsel for the petitioner also produced the photograph of the actual wire running over the house of the petitioner. There is one more aspect to be considered, mainly that the petitioner will never be granted permission, if he wants to put additional floors over his building.

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W.P.(MD)No.5727 of 2020

3. The petitioner claims that he has raised objections, but even without considering them, the respondents had put up the High Tension wire. Therefore, the petitioner had given a representation in writing on 25.02.2020. In the representation, the petitioner had also stated that if the respondents incur additional charges to put the High Tension wire through an alternate route, he is ready to bear the charges. This stand is very appreciable. Therefore, a mandamus is issued to the respondents, to issue notice to the petitioner for appearance, hear the petitioner, hear his objections, and then take a decision, particularly since the petitioner had stated that he would pay the necessary charges.

4. The respondents, it it is feasible, and if it is possible, draw the High Tension wire through an alternate route, again only if it is feasible. The entire exercise of the disposal of the representation of the petitioner is to be completed on or before 30.04.2020.

5. With the above observations, the writ petition stands disposed of. No Costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Pkn.

To 1.The Superintending Engineer, Tamil Nadu Electricity Board, Meenakshinaickanpatty, Dindigul District.

2.Assistant Electrical Engineer (Town), Tamil Nadu Electricity Board, Vedasanthur, Dindigul District.

+1 CC to M/s.A.CHANDRA KUMAR, Advocate ( SR-12638[F] dated 20/03/2020 ) W.P.(MD)No.5727 of 2020 19.03.2020 CV/(14.05.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2