Krishnan v. The Assistant Electrical Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2019
CORAM
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN C.R.P.(PD)(MD)No.1107 of 2019 Krishnan ... Petitioner Vs.
1.The Assistant Electrical Engineer, Electric Distribution, Virupathchi, Oddenchatram, Dindigul District.
2.The Executive Engineer, Tamilnadu Electricity Board, Oddenchatram, Dindigul District.
3.Veerasamy ... Respondents PRAYER:- Civil Revision Petition filed under Article 227 of the Constitution of India, to direct the District Munsif Court, Oddenchatram for expeditiously dispose the petition and pass order in O.S.No.129 of 2017 before the District Munsif Court, Oddenchatram in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.R.Alagumani
ORDER
The petitioner is the plaintiff in O.S.No.129 of 2017 on the file of the District Munsif Court, Oddanchatram. He has filed this petition under Article 227 of Constitution of India, seeking the relief to direct the learned District Munsif, Oddanchatram, to dispose the above referred case in a time frame manner. 2.In earlier, on 08.09.2017, the petitioner filed a civil suit before the learned District Munsif, Oddanchatram and seeking the relief of injunction, also for the relief of removing high dense electricity wire installed by the respondents/defendants in his agriculture field.
3.It is the case of the petitioner/plaintiff that he is having an agriculture land in S.F.No.285/1 of Kaveriyamapatti village. He has obtained electricity connection to the well situated in the above said land for the purpose of irrigation, for which, one electricity post was erected in his land. It is the further case of the petitioner that the third respondent who is the adjacent https://hcservices.ecourts.gov.in/hcservices/
agricultural land owner and a very influenced person, attempted to get electricity service connection by installing the electricity post in the petitioner's land. In fact, he attempted to erect the electric post in between the coconut trees. In this connection, on a complaint made by the respondents 1 and 2, the police person brutally attacked the petitioner's aged father and aged mother. 4.Now, the only grievance expressed by the petitioner is that if the post erected is not removed from his field, it may lead electric shock to the people, who are working under the coconut trees. It is the further case of the petitioner that due to erection of electricity post in his field, he is not in a position to cultivate his land properly without any fear.
Only in the said circumstances, for the direction referred above, the petitioner is before this Court with this present civil revision petition. 5.In fact, the suit has been filed before the learned District Munsif, Oddanchatram, in the year of 2017. So it cannot be termed that the suit is a long pending one. However, if the electric supply goes through his coconut firm, there may be a chance for untoward incidents. Of course, the apprehension expressed by the petitioner is a reasonable one otherwise, the reason stated for electric shock and other things, is a matter to be decided by the trial Court. Hence, I am of the considered opinion that it is appropriate to give some direction to the learned District Munsif, Oddanchatram for early disposal. 6.
For the foregoing reasons, this Court directs the learned District Munsif, Oddanchatram, to dispose of O.S.No.129 of 2017 within a period of six months from the date of receipt of a copy of this order.
7.With the above direction, this Civil Revision Petition is disposed of. No costs.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) cp To The District Munsif, Oddanchatram.
+1 CC to M/s.R.ALAGUMANI, Advocate SR-76513. C.R.P.(PD)(MD)No.1107 of 2019 CS(06.08.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/