Madras High CourtWP(MD)/15097/2015disposed of

K. Rajakumari v. The Assistant Divisional

2023-09-29Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.09.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and M.P.(MD)No.1 of 2015 K.Rajakumari ... Petitioner Vs.

1.The Assistant Divisional Engineer, Tamil Nadu Electricity Board, Puthukadai Division, Puthukadai Post, Kanyakumari District.

2.The Assistant Divisional Engineer, Tamil Nadu Electricity Board, Maruthancode Post, Kanyakumari District.

3.The Executive Engineer, Tamil Nadu Electricity Board, Paravathipuram, Nagercoil, Kanyakumari District.

4.The Superintendent Engineer, Tamil Nadu Electricity Board, Paravathipuram, Nagercoil, Kanyakumari District.

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5.The Junior Engineer, Tamil Nadu Electricity Board, Puthukadai Division, Kanyakumari District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to remove the electric post in petitioners property (Re. Rsy.no.382/14 in painkulam village) laid by the respondents without petitioner's permission. For Petitioner : Mr.S.Ramakrishnan For Respondents : Mr.S.Deenadhayalan

ORDER

Heard both sides.

2. The respondents had laid electricity pole on the petitioner's patta land. The petitioner's consent has not been taken. Therefore, the respondents have to pay compensation.

3. This shall be determined by the District Collector, Kanyakumari as per law and conveyed to the petitioner. This exercise shall be completed within a period of ten weeks from the date of receipt of a copy of this order. The petitioner can accept the compensation determined by the District Collector and if the petitioner wants enhancement, the petitioner can always approach the jurisdictional civil Court under the provisions of the Telegraph Act. 2/4

4. With this direction to the respondents and liberty to the petitioner, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

29.09.2023 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

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