Iyyankutty v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH Iyyan Kutty : Petitioner Power Agent of Dharmaraj Velu Nadar Vs.
1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Nagercoil,
2. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Moolachel,
3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Cherupaloor,
4. The Junior Engineer, Tamil Nadu Electricity Board, Thumbodu, Kulasekharam Post, 1/6
: Respondents PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to remove the electricity pole bearing No. F-184 and all electricity connects drawn from the electricity pole without the petitioner's consent based on the application bearing No.20007162022492 and the payment made by the petitioner on 26.03.2024.
For Petitioners : Mr.S.C.Herold Singh For Respondents : Mr.S.Deenadhayalan Standing Counsel
O R D E R
This writ petition has been filed seeking a direction to the respondents to remove the electricity pole bearing No.F-184 and all electricity connections drawn from it without the petitioner's consent, based on application No.20007162022492 and the payment made by the petitioner on 26.03.2024.
2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
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3. The petitioner claims to be the owner of the property mentioned in the petition. To construct a new house, the petitioner approached the respondents to remove the electric pole bearing No. F-148, which is located across the subject property. In response, the petitioner received a communication dated 21.03.2024, requesting payment of Rs. 1,27,287/- as charges for shifting the electric pole. The petitioner made the payment on 26.03.2024. However, the respondents have not shifted the electric pole as requested by the petitioner. Aggrieved by this, the petitioner has filed the present writ petition.
4. In response, the learned Standing Counsel appearing on behalf of the respondents submitted that the petitioner may be permitted to submit a fresh representation to the fourth respondent, detailing the issues raised in the present writ petition. Upon receipt of such representation, the fourth respondent will consider and pass appropriate orders in accordance with law.
5. In view of the submissions made by both parties, this Court directs the petitioner to submit a fresh representation along with the relevant documents to the fourth respondent, citing all the grounds 3/6
raised in this writ petition, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said representation, the fourth respondent shall pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner, within a period of four weeks, thereafter.
6. With the above directions, this writ petition is disposed of. No costs.
08.04.2025 Index : Yes / No Internet : Yes / No PKN 4/6
To
1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Nagercoil,
2. The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Moolachel,
3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Cherupaloor,
4. The Junior Engineer, Tamil Nadu Electricity Board, Thumbodu, Kulasekharam Post, 5/6
VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.9866 of 2025 08.04.2025 6/6