S. Seyed Mahjabeen v. The Superintending Engineer

1 W.P.(MD)NO.13050 OF 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.13050 of 2020 S.Seyed Mahjabeen ... Petitioner Vs.

1. The Superintending Engineer, Ramanathapuram,

2. The Executive Engineer(Distribution), Ramanathapuram, Ramanathapuram District.

3. The Assistant Engineer, Keelakarai, Ramanathapuram,

4. Thajun Nisha (R-4 is impleaded vide order dated 02.02.2021 in W.M.P.(MD)No.12522 of 2020) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to shift the service line which is passing across the entrance door and wall of the petitioner's house and provide the connection through the alternate pole(Electric pole No.17/11 or 17/12.

For Petitioner : Mr.N.Thamimul Ansari For R-1 to R-3 : Mr.M.Parameshwari, for Mr.S.M.S.Johny Basha, Standing Counsel.

For R-4 : Mr.R.Murali * * *

O R D E R

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

2. The grievance of the petitioner is that the service line 1/4

2 W.P.(MD)NO.13050 OF 2020 providing electricity connection to the fourth respondent is running perilously and dangerously close to the petitioner's residence. The petitioner therefore wants the same to be shifted.

3. The learned counsel appearing for the fourth respondent makes it clear that all that the fourth respondent wants is only uninterrupted supply of electricity and that she is not particular as regards the route through which the service line would pass through.

4. The petitioner through her counsel states that the petitioner is ready to bear the expenses regarding shifting.

5. The submission made by both the counsel, namely, the petitioner and the fourth respondent is placed on record. In the light of the stand now taken by both the parties, the third respondent is directed to revisit the issue and decide on the petitioner's request for shifting the said line. Such a decision will be made by the third respondent within a period of four weeks from the date of receipt of a copy of this order.

6. This writ petition stands disposed of. No costs. 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 Superintending Engineer, Ramanathapuram,

2. The Executive Engineer(Distribution), Ramanathapuram, Ramanathapuram District.

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3 W.P.(MD)NO.13050 OF 2020

3. The Assistant Engineer, Keelakarai, Ramanathapuram, +1 CC to M/s.N.THAMIMUL ANSARI, Advocate ( SR-3167[F] dated 03/02/2021 ) +1 CC to M/s.R.MURALI, Advocate ( SR-3181[F] dated 04/02/2021 ) W.P.(MD)No.13050 of 2020 02.02.2021 ARK(CO) KK(08.02.2021) 3P 6C 3/4