S.Natarajan, v. The Assistant Electrical
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.10419 of 2016 S.Natarajan ... Petitioner Vs 1.The Assistant Electrical Engineer (Operation and Maintenance) TANGEDCO, Velliyanai, Karur District.
2.K.Thangarasu 3.K.Ramalingam, 4.N.Karuppanan 5.Selambana Gounder 6.S.Thangavel 7.K.Karuppanan 8.K.Nallappan 9.M.Selvarasu ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to effect electricity service connection to the residential house of the petitioner located at Survey No.338A, Karuppagoundan Pudur Village, Karur Taluk, Karur District within a time frame fixed by this Court.
For Petitioner : Mr.B.Saravanan For R1 : Mr.S.M.S.Johny Basha For R2 to R4 and R9 : Mr.K.Balasubramani For R5 to R8 : No appearance
ORDER
Heard the learned counsel for the petitioner and the learned Standing Counsel for the first respondent.
2.The private respondents have been served and their names are also printed in the cause list. But there is no appearance either in person or through their counsel.
https://hcservices.ecourts.gov.in/hcservices/ 3.The writ petitioner seeks provision of electricity service
connection to the petition mentioned house. Earlier there was an objection from the private respondents for installing and erecting the pole on the pathway in question. Now the first respondent has come up with an alternative solution. It appears that one Natarajan, has given consent for locating a pole on his private land. From the said pole erected on Natarajan's private land, over head lines can be drawn to provide electricity connection to the writ petitioner's house. As a result, the Pathway rights of the private respondents will not be affected in any way. 4.The learned Standing Counsel appearing for the first respondent also states that the pole will not be laid on the pathway of the private respondents.
5.The said submission is recorded. Since the rights of the private respondents are not going to be affected they will not be justified in opposing the drawal of the over head line from the said Natarajan's land to the petitioner's house. If any such objection is raised, the first respondent is at liberty to seek the assistance of the jurisdictional police who can provide sufficient police protection.
6.With this direction, this writ petition is allowed. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To The Assistant Electrical Engineer (Operation and Maintenance) TANGEDCO, Velliyanai, Karur District.
+1 CC to M/s.B.SARAVANAN, Advocate ( SR-52504[F] dated 08/03/2019 ) PNN W.P.(MD)No.10419 of 2016 07.03.2019 KM/(26.03.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/