Madras High CourtWP(MD)/8491/2019disposed of

G.Sivaji, v. The Chief Engineer,

2019-04-25Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.8491 of 2019 and W.M.P.(MD)No.6642 of 2019 G.Sivaji ... Petitioner Vs 1.The Chief Engineer, Transmission Projects, Tamil Nadu Generation of Energy and Distribution Corporation (TANGEDCO Corporation) Trichy.

2.The Superintending Engineer, Tower Line Control, TANGED Corporation, Madurai.

3.The Executive Engineer, Tower Line Control, TANGED Corporation, Madurai.

4.The Deputy Executive Engineer, Electricity Distribution Circle, Dindigul.

5.The Assistant Executive Engineer, Tower Line Control, TANGED Corporation, Meenakshi Naikan Patti, Dindigul.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to remove the High Tension Electricity Tower illegally erected in the petitioner's land comprised in 107/1A, 1055/1, 2, 1B, 1C and 1D situate at Padiyur Village, Padiyur Panchayat, Vadamadurai Union, Vedasanthur Taluk, Dindigul District.

For Petitioner : Mr.S.Ramu For R1 to R5 : Mr.S.M.S.Johny Basha

ORDER

The writ petitioner seeks removal of the petition mentioned High Tension Electricity Towers said to have been illegally erected on the petitioner's land. The learned counsel for the petitioner states that he intends to form a lay out and a tower has been erected literally at the entrance of the lay out. https://hcservices.ecourts.gov.in/hcservices/

2.I am of the view that the petitioner must approach the District Collector, Dindigul, under the Indian Telegraph Act, 1885. As and when an application is filed by the petitioner, the District Collector, Dindigul, shall dispose it of on merits and in accordance with law, after issuing notice to TANGEDCO, within a period of three months from the date of receipt of a copy of this order. 3.It is made clear that this Court has not gone into theh merits of the matter.

4.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) TO 1.The Chief Engineer, Transmission Projects, Tamil Nadu Generation of Energy and Distribution Corporation (TANGEDCO Corporation) Trichy.

2.The Superintending Engineer, Tower Line Control, TANGED Corporation, Madurai.

3.The Executive Engineer, Tower Line Control, TANGED Corporation, Madurai.

4.The Deputy Executive Engineer, Electricity Distribution Circle, Dindigul.

5.The Assistant Executive Engineer, Tower Line Control, TANGED Corporation, Meenakshi Naikan Patti, Dindigul.

+1cc to Mr.S.RAMU, Advocate, SR.No.62864 W.P.(MD)No.8491 of 2019 and W.M.P.(MD)No.6642 of 2019 25.04.2019 PNN KK/SAR/26.04.2019/ 2P- 7C https://hcservices.ecourts.gov.in/hcservices/