Kamatchi Sundaram P v. The Chief Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.9539 of 2025 P.Kamachi Sundaresan ... Petitioner -vs1. The Chief Engineer, Tamil Nadu Electricity Board, Madurai District.

2. The Executive Officer, Tamil Nadu Electricity Board, Usilampatti Town and Taluk, Madurai District.

3. The Additional Administrative Director, Tamil Nadu Electricity Board, Usilampatti Town and Taluk, Madurai District.

4. The Assistant Engineer, Tamil Nadu Electricity Board, Usilampatti Town South Division, Madurai District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, pertaining to the impugned order dated 19.07.2024 of the 4th respondent for further legal action. 1/6

For Petitioner : Mr.D.Poornachari For Respondents : Mr.S.Deenadhayalan

ORDER

This writ petition has been filed seeking a direction to the respondents to take further legal action on furtherance to the order dated 19.07.2024 issued by the 4th respondent.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself.

3. The petitioner claims that he is the owner of the land in R.S.No. 96/6A1B, situated at Kongapatti - Kavanapatti road, wherein he constructed a building which was rented for running a saw mill. There is also a separate building constructed for keeping the stock. The grievance of the petitioner is that EB authorities erected a post of high tension wire with a gap of only one feet near the petitioner's building. In this regard, the petitioner lodged a complaint. However, since no action has been taken, the petitioner is constrained to file the present writ petition. 2/6

4. The learned counsel appearing on behalf of the respondents submits that since the petitioner's grievance pertains to the erection of a High Tension Power Line pole near to his land, he must approach the concerned District Magistrate to raise any objections under Section 17 of the Indian Telegraph Act. Under the provisions of the said statute, the District Magistrate is the competent authority to address grievances or objections arising under the Act.

5. Heard the learned counsel for the parties and perused the materials on record.

6. Upon considering the submissions, this Court finds that the petitioner's grievance regarding the erection of a High Tension Power Line pole near to his land falls within the purview of Section 17 of the Indian Telegraph Act, 1885. Under the provisions of the Act, the District Magistrate is the competent authority to address any objections or grievances related to such matters. Therefore, the petitioner is directed to approach the concerned District Magistrate to raise all his objections on the grounds raised in this writ petition within a period of two months from the date of receipt of a copy of this order.

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7. This writ petition is disposed of with the above directions. No costs. 04.04.2025 NCC : Yes/No Index : Yes / No sm 4/6

TO:-

1. The Chief Engineer, Tamil Nadu Electricity Board, Madurai District.

2. The Executive Officer, Tamil Nadu Electricity Board, Usilampatti Town and Taluk, Madurai District.

3. The Additional Administrative Director, Tamil Nadu Electricity Board, Usilampatti Town and Taluk, Madurai District.

4. The Assistant Engineer, Tamil Nadu Electricity Board, Usilampatti Town South Division, Madurai District.

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VIVEK KUMAR SINGH, J.

sm Order made in W.P.(MD)No.9539 of 2025 Dated:

04.04.2025 6/6