Madras High CourtWP(MD)/16969/2023disposed of

Bagavathy v. The Assistant Engineer

2023-11-06Honourable Mr Justice G.R.Swaminathan5 pages

1 W.P.(MD)NO.16969 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)Nos.16969 & 18162 of 2023 AND W.M.P.(MD)Nos.14194 & 15146 of 2023 W.P.(MD)No.16969 of 2023 Bagavathy ... Petitioner Vs.

1. The Assistant Engineer,

2. Meenakshi ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the 1st respondent from erecting poles and wire from the petitioner's land in survey No. 70/12B2 for the extent of 5886 sq.ft situated at Thumbaipatti Village, Melur Taluk, Madurai District.

For Petitioner : Mr.V.Karuna For R-1 : Mr.S.Deenadhayalan For R-2 : Mr.S.A.Ajmal Khan * * * 1/5

2 W.P.(MD)NO.16969 OF 2023 W.P.(MD)No.18162 of 2023 K.Meenakshi ... Petitioner Vs.

1. The Assistant Engineer, O/o.The Assistant Engineer,

2. Andikalai

3. Bagavathi ... 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 the impugned order issued by the respondent No.1 in Letter No.2.Mi.Po/Pahir/KaruKudi/VaAa/Ko. Po.Mi/A. No.71 dated 10.07.2023 and quash the same and direct the respondent No.1 to provide electricity connection to the petitioner's house situated in old S. No.70/12B1, New S. No.70/12B1A1 to the extent of 2180 Sq.feet, Thumbaipatti Village, Melur Taluk, For Petitioner : Mr.S.A.Ajmalkhan For R-1 : Mr.S.Deenadhayalan For R-2 & R-3 : Mr.V.Karuna * * * 2/5

3 W.P.(MD)NO.16969 OF 2023 C O M M O N O R D E R Heard both sides.

2. K.Meenakshi, W/o.Kumar seeks electricity connection for the petition-mentioned house. Bagavathi, S/o.Andikalai opposes the same. The objection of Bagavathi is that on his patta land, line should not be drawn to give connection for Meenakshi. Meenakshi through her counsel categorically states that the lines can be drawn without infringing the rights of Bagavathi in any manner.

3. Meenakshi is directed to indicate the route which will avoid Bagavathi's patta land completely.

4. It is for the Assistant Engineer, TANGEDCO, Karungalakudi to satisfy himself in this regard. Without drawing any line over Bagavathi's patta land, if it is possible, electricity service connection shall be given to the petition-mentioned house of Meenakshi subject to fulfillment of the other usual formalities. The entire exercise will be 3/5

4 W.P.(MD)NO.16969 OF 2023 completed as expeditiously as possible. These writ petitions stand disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed. 06.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU Note : Issue order copy on 08.11.2023.

To:

The Assistant Engineer, 4/5

5 W.P.(MD)NO.16969 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.16969 of 2023 06.11.2023 5/5