Maliga Devi K v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD) No.7789 of 2023 and W.M.P(MD) No.7222 of 2023 K.Maliga Devi ... Petitioner Vs.

1.The Chief Engineer Tamil Nadu Generation and Distribution Corporation, 144, Annasalai, Chennai.

2.The District Collector Virudhunagar District, Virudhunagar.

3.The Superintending Engineer Virudhunagar District, Virudhunagar.

4.The Executive Engineer 1/6

5.The Assistant Executive Engineer, 6.The Aiswaraya Textiles Atta Mill Mokku Road, Rajapalayam Taluk, ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondents 1 to 5 forbear the sixth Respondent from erecting any electric poles and high tension wires plying over the petitioner property in S.No.1192/1B2 Keelarajakulam Village, Vembakottai Taluk, Virudhunagar District, by considering the petitioner's representation, dated 16.03.2023. For Petitioner : Mr.K.Dinesh For Respondents : Mr.S.Deenadhayalan - for R1, R3 to R5 Government Advocate Mr.N.Muthu Vijayan - for R2 Special Government Pleader Mr.M.Prabakaran - for R6 2/6

O R D E R

The petitioner herein had given a representation on 16.03.2023 complaining that high tension wire is proposed to be laid across the agricultural land of the petitioner at Survey No.1192/1B2 Keelarajakulam Village, Vembakottai Taluk, Virudhunagar District.

2. The said line is being drawn at the instance of the sixth respondent herein. The petitioner claims that electric pole is sought to be put up on the agricultural land of the petitioner herein. However, the Standing Counsel for the Electricity Board for the respondents 1 to 5 stated that there is already an existing electricity pole and high tension wire of 110 KV is now running over the land of the petitioner herein and the proposed electricity line is 11 KV.

3. The fourth respondent / Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, TANGEDCO, Rettiyapatti Sub-Station, Virudhunagar District, may, on the basis of the representation given by the petitioner herein, issue notice to the 3/6

petitioner and issue notice to the sixth respondent / Aiswarya Textiles, Atta Mill Mokku Road, Rajapalayam Taluk, and examine the representation and pass necessary orders. The orders may be passed keeping in view of the fact that according to the petitioner, there are agricultural crops which are grown over the lands. If required a spot inspection may be made of the area and if at all the pole is to be erected on the lands of the petitioner necessary compensation may be calculated and paid to the petitioner herein.

4. The writ petition stands disposed of even without issuing notice to the sixth respondent. The entire exercise should be completed within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

10.04.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 4/6

To 1.The Chief Engineer Tamil Nadu Generation and Distribution Corporation, 144, Annasalai, Chennai.

2.The District Collector Virudhunagar District, Virudhunagar.

3.The Superintending Engineer Virudhunagar District, Virudhunagar.

4.The Executive Engineer 5.The Assistant Executive Engineer, 5/6

C.V.KARTHIKEYAN, J.

rm 10.04.2023 6/6