Madras High CourtWP(MD)/5426/2019disposed of

Sengimuthu, v. The Assistant Executive

2021-02-15Honourable Mr Justice G.R.Swaminathan2 pages

1 W.P.(MD)No.5426 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.5426 of 2019 and W.M.P.(MD)Nos.4319 of 2019 & 15755 of 2020 Sengimuthu ... Petitioner Vs.

1. The Assistant Executive Engineer, TANGEDCO, Meenakshi Complex, Narasingampatti, Melur, Madurai District.

2. The Assistant Engineer, TANGEDCO, Rural West, Melur Division, Madurai District.

3. C.Selvam ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to not to erect EB line in the petitioner's land in Sy.No.282, Arittapatti Village, Melur Taluk, Madurai District, on the basis of the petitioner's representation dated 04.03.2019 within the time stipulated by this Court.

For Petitioner : Ms.M.Viji For R-1 & R-2 : Mrs.M.Parameswari, for Mr.S.M.S.Johny Basha, Standing counsel.

For R-3 : Mr.P.Gunasekaran * * *

O R D E R

Heard the learned counsel appearing for the writ petitioner and the learned Standing counsel appearing for the TANGEDCO and the learned counsel appearing for the third respondent.

2. The petitioner has filed this writ petition for forbearing the TANGEDCO from drawing E.B. line over the petition mentioned land. Swayed by the submission of the petitioner's counsel, I also granted interim order. To vacate the same, the third respondent has filed vacate stay petition.

3. When the matter was taken up for final disposal, the learned Standing counsel appearing for the TANGEDCO categorically states that the line will not be drawn over the petitioner's patta land. It will be drawn only on the common pathway/public channel.

4. Recording the said submission, this writ petition stands https://hcservices.ecourts.gov.in/hcservices/ 1/4

2 W.P.(MD)No.5426 of 2019 disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) pmu Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1. The Assistant Executive Engineer, TANGEDCO, Meenakshi Complex, Narasingampatti, Melur, Madurai District.

2. The Assistant Engineer, TANGEDCO, Rural West, Melur Division, Madurai District.

+1 CC to M/s.P.GUNASEKARAN, Advocate ( SR-5582[F] dated 17/02/2021 ) W.P.(MD)No.5426 of 2019 15.02.2021 SRK(CO) KK(01.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/4