A.Mariammal, v. T He Superintending Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A.Mariammal ... Petitioner Vs 1.The Superintending Engineer, Tamilnadu Electricity Board (TNEB), Distribution Circle, Sivaganga.

2.The Assistant Engineer (TNEB), Kallal Sub-Division, Kallal, Karaikudi Taluk, Sivaganga District.

3.B.Louis

...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 and 2 herein to remove the electricity supply line running above the property of the petitioner in S.No.273/3D and 273/3M of Soorampatti Village, Panagudi Group, Karaikudi Taluk, Sivaganga District based upon the representation of the petitioner dated 22.07.2015.

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For Petitioner : Mr.R.Sundar Srinivasan For R1 : Mr.G.Mohan Kumar For R2 : Mr.S.Deenadayalan Standing Counsel

O R D E R

The petitioner with a grievance that the respondents have drawn an electric line above the petitioner's property in S.No. 273/3D and 273/3M of Soorampatti Village, Panagudi Group, Karaikudi Taluk, Sivaganga District has submitted a representation in the year 2015 to remove the electric line and filed this writ petition for a Mandamus, directing the respondents to remove the electric line passing through his property.

2.The learned counsel appearing for the petitioner submits that the respondents have laid the electric line over the petitioner's property without obtaining any permission from the petitioner and this is posing danger to the petitioner's property. 2/6

3.The learned counsel for the first respondent submits that this electric line has been drawn only in the pathway and not in the petitioner's property.

4.The learned counsel for the second respondent Board submits that the electric line has been drawn for the third respondent and others through a public road. The width of the road is 20 ft. He further submits that there is some dispute between the petitioner and the third respondent and in order to wreck vengeance as against the third respondent, the petitioner has filed this writ petition. 5.It is also reported that the petitioner died. The learned counsel for the petitioner seeks short accommodation to get instructions in this regard.

6.This Court considered the rival submissions made and also perused the materials placed on record.

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7.This writ petition is pending from the year 2015. The grievance of the petitioner is that the respondent Board has drawn an electric line over the petitioner's property. It is also posing danger to the petitioner's property. Now, it is reported that the petitioner died. In view of the above, the respondent shall cause an inspection on the petitioner's property and ascertain as to whether the electric line so drawn causes any danger to the petitioner's property, if so, the first respondent shall ensure that adequate safety measures were provided for the same. This exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

03.01.2024 NCC: Yes/No Index:Yes/No Internet:Yes vrn 4/6

To 1.The Superintending Engineer, Tamilnadu Electricity Board (TNEB), Distribution Circle, Sivaganga.

2.The Assistant Engineer (TNEB), Kallal Sub-Division, Kallal, Karaikudi Taluk, Sivaganga District.

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B.PUGALENDHI, J.

vrn Order made in 03.01.2024 6/6