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Madras High CourtWP(MD)/2312/2016disposed of

Sathyaraj, S/O.S.John v. The Superintending Engineer

2016-02-02Honourable Mrs Justice Pushpa Sathyanarayana2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:02.02.2016

CORAM:

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P(MD)No.2312 of 2016 and W.M.P(MD)Nos.2038 & 2039 of 2016 Sathyaraj ... Petitioner Vs.

1.The Superintending Engineer, (TNGEDCO), Kanyakumari Electricity Distribution Cirle, Parvathipuram, Nagercoil, Kanyakumari District.

2.The Executive Engineer, (TNGEDCO), Kuzhithurai at Maruthangode, Meenachal Post, Kanyakumari District.

3.The Assistant Engineer, (TNGEDCO), Kollangode, Kanyakumari District.

4.The Junior Engineer, (TNGEDCO), Kuzhithurai at Maruthangode, Kollangode, Kanyakumari District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned communication in E.NI.PO/V.I/KO.KATTU/A.No.562/15 dated 15.11.2015 on the file of the respondent No.4 herein and quash the same as illegal and consequently to direct the respondent No.2 herein to remove the dangerous Electric Lines intersecting and crossing with the premises of the dwelling house of the petitioner herein in Survey No.653/15 in Kollangode Village, Kuzhithurai Taluk, Kanyakumari District within the time frame fixed by this Court. For Petitioner : Mr.S.Rajasekar For Respondents : Mr.A.U.Ramanathan

ORDER

https://hcservices.ecourts.gov.in/hcservices/ The petitioner seeks for a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned communication in E.NI.PO/V.I/KO.KATTU/A.No.562/15 dated 15.11.2015 on the file of the

respondent No.4 herein and quash the same as illegal and consequently to direct the respondent No.2 herein to remove the dangerous Electric Lines intersecting and crossing with the premises of the dwelling house of the petitioner herein in Survey No.653/15 in Kollangode Village, Kuzhithurai Taluk, Kanyakumari District within the time frame fixed by this Court.

2. By consent of both parties, the main Writ Petition itself is taken up for final disposal.

3. Mr.A.U.Ramanathan, learned counsel takes notice for the respondents.

4. The grievance of the petitioner is that his representation dated 29.10.2015 was not responded with application of mind. The said representation seeks for disconnection of service connection given to one M.George, who is said to be the neighbour of the petitioner. In response to the same, the respondents have given a reply on 15.11.2015, expressing their inability to disconnect the service connection, as requested by the petitioner.

5. While so, the learned counsel appearing for the petitioner contended that the electrical wires are crossing his terrace, which would be dangerous to lives of the occupants. He has also further submitted that there are other alternative ways available for taking the said electric wires.

6. In view of the above submission, it is open to the petitioner to make another representation setting out his grievance to the respondents within a period of two weeks from the date of receipt of a copy of this order and the respondents are directed to dispose of the same on merits and in accordance with law within a period of four weeks thereafter.

7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are also closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar.

To 1.The Superintending Engineer,(TNGEDCO),Kanyakumari Electricity Distribution Cirle,Parvathipuram,Nagercoil,Kanyakumari District. 2.The Executive Engineer,(TNGEDCO),Kuzhithurai at Maruthangode, Meenachal Post,Kanyakumari District.

3.The Assistant Engineer,(TNGEDCO),Kollangode,Kanyakumari District. 4.The Junior Engineer,(TNGEDCO),Kuzhithurai at Maruthangode, Kollangode,Kanyakumari District.

+1CC to Mr.T.Lajapathi Roy,Advocate, SR.No. 6070 W.P(MD)No.2312 of 2016 02.02.2016 https://hcservices.ecourts.gov.in/hcservices/ AM/10.02.2016/NGM.SS/2P/6C