Nainammal E v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and W.M.P.(MD)No.17308 of 2024 E.Nainammal ... Petitioner Vs.

1.The Superintending Engineer, Electricity Distribution Circle, Kamatchipuram, Theni Taluk & District.

2.The Assistant Engineer, Tamil Nadu Electricity Generation & Distribution Corporation, Aundipatti, Theni District.

3.Senvior Wind Technology Private Ltd., Unit-7, Boothakudi, Viralimalai Road, II, Uppur, Tiruchirappalli-621316.

... 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 not to install any electricity high tension tower and also to connect electricity high tension wire through the petitioner's land comprised in Survey Nos.194/1, 194/2, 194/3 and 194/4 to an extent of 1.50 acres of land situated at Janagalpatti Revenue Village, Theni Taluk and District on the basis of the petitioner's representation dated 26.07.2024. 1/4

For Petitioner : Mr.R.Murugan For R1 & R2 : Mr.S.Deenadhayalan, Standing Counsel

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.Mr.S.Deenadhayalan, learned Standing Counsel takes notice for the respondents 1 and 2. Considering the nature of order proposed to be given in this Writ Petition, notice to the 3rd respondent is dispensed with. 3.According to the petitioner, she is the owner of the land in Survey Nos.194/1, 194/2, 194/3 and 194/4 to an extent of 1.50 acres of land situated at Janagalpatti Revenue Village, Theni Taluk and District. The 3rd respondent is trying to install electricity high tension tower and also to connect electricity high tension wire through the petitioner's land without her consent. Therefore, the petitioner made a representation dated 26.07.2024 to the respondents. Since the same has not been considered so far, she has filed this Writ Petition. 2/4

4.At the outset, this Court is of the view that such a blanket direction cannot be issued by this Court and it is for the authorities to take a call of the matter and erect electric pole, of course, by following due process of law. Accordingly, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

28.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva 3/4

N.SATHISH KUMAR, J Yuva 28.08.2024 4/4