M. Gajendran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R.THARANI M.Gajendran ... Petitioner vs.
1.The District Collector, Trichy District, Trichy.
2.The Tahsildar, Taluk Office, Thiruverumbur, Trichy.
3.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Mannarpuram, East Region, Thiruverumbur, Trichy.
4.The Assistant Executive Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Limited, Ariyamangalam, Thiruverumbur, Trichy.
... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the fourth respondent to remove the electric pole which is erected and encroached by the fourth respondent in the middle of the public road, which is adjacent to the Petitioner's plot Nos.22 and 31, comprised in S.No.22/19, Bharath Nagar 9th Cross, Poolangudi Colony, Trichy-25 based on his representation, dated 5.8.2019.
For Petitioner : Mr.N.Sudhagar Nagaraj For Respondents : Mr.A.Muthukaruppan Addl.Govt.Pleader 1/3
O R D E R
(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.N.Sudhagar Nagaraj, learned counsel appearing for the Petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
2.By consent of either side, this writ petition is taken up for disposal.
3.The Petitioner seeks for a direction to the fourth respondent to remove the electric pole which is erected in the middle of the road.
4.We have perused the photograph and prima facie it appears that the electric pole is in the middle of the road. The Petitioner, in this connection, has given a representation on 5.8.2019 and till date, no action has been taken on the said representation. Therefore the Petitioner approaches this Court by filing the present Writ Petition.
5.However, while shifting the electric pole, other connections which have been drawn from the said electric pole has to be taken into consideration. Therefore, reasonable time to be given to the fourth respondent to take action on the representation of the Petitioner.
6.Accordingly, we direct the fourth respondent to consider the representation of the Petitioner, dated 5.8.2019 and take appropriate action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. The fourth respondent is also directed to intimate the action proposed to be taken in this matter to the Petitioner, in writing. 7.With the above directions, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) 2/3
vsn To 1.The District Collector, Trichy District, Trichy.
2.The Tahsildar, Taluk Office, Thiruverumbur, Trichy.
3.The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Mannarpuram, East Region, Thiruverumbur, Trichy.
4.The Assistant Executive Engineer, (Operation and Maintenance), Tamil Nadu Generation and Distribution Corporation Limited, Ariyamangalam, Thiruverumbur, Trichy.
+1 CC to M/s.N.SUDHAGAR NAGARAJ, Advocate ( SR-87653[F] dated 19/09/2019 ) +1 CC to M/s.SPL GP ( SR-87986[F] dated 19/09/2019 ) ORDER MADE IN W.P.(MD).No.20082 of 2019 18.09.2019 KM/(30.09.2019) 3P 7C 3/3