Madras High CourtWP(MD)/9811/2019disposed of

S.Balathandayutham v. The Assistant Executive

2019-04-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.9811 of 2019 and W.M.P(MD).No.7709 of 2019 S.Balathandayutham ... Petitioner Vs 1.The Assistant Executive Engineer, Distribution, TANGEDCO, Vilathikulam, Tuticorin District.

2.The Assistant Engineer, Distribution, TANGEDCO, Pudhur Division, Vilathikulam Taluk, Tuticorin District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to furnish the estimate for shifting of the existing low tension lines passing through the petitioner's land in S.No.839/1 situated at Melakaranthai Village, Vilathikulam Taluk, Tuticorin District based on the application made by the petitioner dated 30.03.2019 and consequently forbearing the respondents from drawing high-tension lines through the petitioner's land during pendency of his application for shifting the existing low tension lines. For Petitioner : Mr.V.Karthikeyan For Respondents : Mr.S.M.S.Johnny Basha

ORDER

Heard the learned counsel on either side.

2. The writ petitioner's grievance is that there is an existing low tension line passing through his patta land. He wants to be shifted. Since he has to pay a cost of it, he wanted the respondents to furnish him cost estimate for causing such shifting. There has been exchange of correspondence between the petitioner on the one hand and the respondents on the other. Since the respondents have not given any information sought for, the writ petition is came to be filed.

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3. When the matter was taken up for hearing, the learned Standing Counsel appearing for the respondents submitted that already substantial works have taken place for converting the existing low tension line to high tension line. He also pointed out that the proper application has not been submitted by the writ petitioner. This is contested by the petitioner's counsel. Therefore, the petitioner is permitted to submit a proper application in the requisite format to the first respondent. Upon receipt of such application, the first respondent will respond to the petitioner on merits and in accordance with law within a period of seven days.

4. The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (AE) // True Copy // Sub Assistant Registrar(CS II) 1.The Assistant Executive Engineer, Distribution, TANGEDCO, Vilathikulam, Tuticorin District.

2.The Assistant Engineer, Distribution, TANGEDCO, Pudhur Division, Vilathikulam Taluk, Tuticorin District.

1 CC to M/s.V.KARTHIKEYAN, Advocate ( SR-63644[F] dated 29/04/2019 ) W.P.(MD)No.9811 of 2019 27.04.2019 DS/ /SAR- (29.04.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/