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Madras High CourtWP(MD)/18811/2014disposed of

S.Gunasundari v. The Assistant Engineer

2022-11-09Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR S.Gunasundari ... Petitioner Vs.

1.The Assistant Engineer, TANGEDCO (TNEB), Devakottai, Sivagangai District.

2.Swaminathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to remove the private electricity line running over the petitioner's property for the second respondent by considering her representation, dated 15.04.2014.

For Petitioner : M/s.A.Haja Mohideen For R-1 : M/s.S.Deenadhayalan Standing Counsel For R-2 : M/s.S.M.Sanjay 1/4

ORDER

The present Writ Petition has been filed for a Writ of Mandamus, directing the first respondent to remove the electricity line running over the petitioner's private property in Survey No.143/4 for the benefit of the second respondent herein.

2. According to the learned Counsel for the petitioner, the electricity line is drawn over the private patta land of the writ petitioner in Survey No.143/4 and it causes disturbance to them. Based upon the said line, the second respondent is attempting to cause damage to the trees. To the said effect, the petitioner had given a representation on 15.04.2014 to the first respondent herein. However, the learned Standing Counsel appearing for the first respondent submits that such a representation has not been received by them. The writ petitioner is directed to give a fresh representation to the first respondent herein. On receipt of such representation, the first respondent is directed to consider the same on merits and in accordance with law and pass orders, after giving due opportunity to the writ petitioner and the second respondent herein.

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3. With the above said observations, the writ petition stands disposed of. There shall be no order as to costs. 09.11.2022 Index :

Yes / No Internet :

Yes / No btr To The Assistant Engineer, TANGEDCO (TNEB), Devakottai, Sivagangai District.

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R.

VIJAYAKUMAR , J.

btr Order made in 09.11.2022 4/4