Emmanuel v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P(MD)No.15316 of 2025 Emmanuel ... Petitioner Vs.

1.The Chairman, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, TANGEDCO, Central Office, 3.The Executive Engineer (Distribution), 4.The Junior Engineer (Distribution), Eathamozhi,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 1/6

to 4 more particularly the Respondents 3 and 4 to remove the electric pole bearing No,F1/34 from petitioner's house property comprised in Re-Survey No.1364/7 situated at Rajakkamangalam Village, Agasteeswaram Taluk, Kanniyakumari District measuring to an extent of 21.67 Ares in pursuance of the communication of the 4th Respondent dated 12.03.2025 forthwith. For Petitioner : Mr.J.Sankarapandian For Respondents : Mr.S.Deenadhayalan Standing Counsel

ORDER

This writ petition has been filed for a Mandamus to direct the respondents 1 to 4 more particularly the respondents 3 and 4 to remove the electric pole bearing No,F1/34 from petitioner's house property comprised in Re-Survey No.1364/7 at Rajakkamangalam Village, Agasteeswaram Taluk, Kanniyakumari District measuring an extent of 21.67 Ares in pursuance of the communication of the 4th Respondent dated 12.03.2025 forthwith.

2. The learned counsel for the petitioner submits that the petitioner is aged about 80 years old and is presently supporting his daughter, who is survival of cancer. Over the petitioner's patta land, the respondents have been running a LT line which is posing threat to the petitioner and his family members.

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3. The learned counsel for the petitioner further submits that the petitioner has also made an online application, pursuant to which on 12.03.2025, the petitioner was called upon to deposit a sum of Rs.17,738/-. The petitioner was unable to pay the said amount at that time, as he was accompanying his daughter for medical treatment. He further submits that the petitioner is now willing to deposit the same.

4. The learned Standing Counsel for the respondents submits that he has instructions to report before this Court that the shifting of the LT line running over the petitioner's patta land is not feasible, as the neighbours will object.

5. Prima facie, the submissions made by the learned Standing Counsel for the respondents appears to be incorrect, in view of the letter dated 12.03.2025 of the third respondent, wherein, it has been stated that a group inspection was carried on and based on the same, the petitioner was directed to pay a sum of Rs.17,738/- through online.

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6. Be that as it may, the respondents are directed to reconsider the request of the petitioner and take steps for shifting the LT line running above the petitioner's property, subject to petitioner depositing the amount as demanded. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

7. The writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed.

23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Chairman, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, TANGEDCO, Central Office, 4/6

3.The Executive Engineer (Distribution), 4.The Junior Engineer (Distribution), Eathamozhi, 5/6

C.SARAVANAN, J.

sn W.P(MD).No.19885 of 2025 23.07.2025 6/6