Sridhar v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P(MD) No.11724 of 2021 Sridhar ... Petitioner Vs.

1.The Superintending Engineer, TANGEDCO, Virudhunagar.

2.The Assistant Executive Engineer, TANGEDCO, Thulukkapatti, Virudhunagar District.

3.The President Mannarkottai Village Panchayat, Virudhunagar District.

3.Mariyappan Panchayat Union Councilor, Sennangudi, Virudhunagar.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the second respondent from fixing Electricity Poles via the petitioner's own land in S.Nos.176/3, 174/4, 176/1, 177/2, 181/1,2,3, Mannarkottai Village, Virudhunagar Taluk and by considering the interim order of this Court in C.M.P.(MD) No.5279 of 2020 in W.A.(MD).No.974 of 2020 dated 02.11.2020 and representation dated 10.02.2021. Page No. 1 of 6

For Petitioner : Mr.RM.Arun Swaminathan For R1 & R2 : Mr.S.Deenadhayalan For R3 : Mr.A.K.Manikkam Special Government Pleader For R4 : Mr.G.Mariappan

O R D E R

This Writ Petition has been filed to forbear the second respondent from erecting the Electricity Poles in the patta land belonging to the petitioner in S.Nos.176/3, 174/4, 176/1, 177/2, 181/1,2,3, Mannarkottai Village, Virudhunagar Taluk.

2. The second respondent has filed counter affidavit and has taken a specific stand that the Electricity Poles have been laid in the lands in S.F.No.176/4 and S.No.177/8 which have been categorized as Government Poramboke Canal and in S.No.183/1 which has been categorized as Government Poramboke Cart Track and Canal.

3. Hence, the specific stand of the second respondent is that the Electricity Poles have not been laid in the patta land belonging to the Page No. 2 of 6

petitioner. To substantiate the same, the second respondent has also relied upon FMB Sketch and 'A' Register and also a Report of Tahsildar. In view of the same, the very specific stand taken by second respondent (TANGEDCO) that Electricity Poles have not been erected in the patta land belonging to the petitioner is recorded.

4. However, it is made clear that the Electricity Poles will not be erected in the patta land belonging to the petitioner and it will be confine itself only to above said properties which have been categorized as Government Poramboke Canal and Government Poramboke Cart Track and Canal. This clarity will sufficiently take care of the grievance that has been expressed by the petitioner.

5. This Writ Petition is disposed of with the above directions. No cost. Consequently, connected Miscellaneous Petitions is closed. 06.11.2023 Index: Yes/ No Speaking order / Non-Speaking order jen Page No. 3 of 6

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1.The Superintending Engineer, TANGEDCO, Virudhunagar.

2.The Assistant Executive Engineer, TANGEDCO, Thulukkapatti, Virudhunagar District.

3.The President Mannarkottai Village Panchayat, Virudhunagar District.

3.The Panchayat Union Councilor, Sennangudi, Virudhunagar.

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N.ANAND VENKATESH, J.

jen and W.M.P(MD) No.11724 of 2021 06.11.2023 Page No. 6 of 6