Samsudeen v. The Superintending Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.21026 2024 Samsudeen
...Petitioner
-vs1.The Superintending Engineer, TANGEDCO, Ramanathapuram, Ramanathapuram District.
2.The Executive Engineer, TANGEDCO, Paramakudi, Ramanathrapum District.
3.The Assistant Executive Engineer, TANGEDCO, Parthibanoor, Ramanathapuram District.
4.Rajendran
...Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of Mandamus, directing the forbearing the respondents 1 to 3 herein from shifting the electric post which provides connection to the petitioner property in service Nos. 05-344-022-442 and 05-344-022-1526 within a stipulated time period in accordance with law on the basis of the representation dated 10.08.2024 and 23.08.2024.
1/5
For Petitioner : Mr.C.Senthil Murugan For R1 to R3 : Mr.S.Deenadhayalan Standing Counsel
ORDER
The petitioner has filed this writ petition seeking to forbear the respondents 1 to 3 from shifting the electric post, which provides connection to the petitioner property in service Nos.05-344-022-442 and 05-344-022-1526 within a stipulated time period in accordance with law on the basis of the representation dated 10.08.2024 and 23.08.2024. 2.Mr.S.Deenadhayalan, learned Standing Counsel, takes notice for the respondents 1 to 3. Considering the nature of the order proposed to be passed in this writ petition, notice to the fourth respondent is dispensed with.
3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.
4.It is the case of the petitioner that the petitioner has electricity service connection from the pole existing in the Government poromboke 2/5
land, adjacent to his property. The fourth respondent, who purchased the adjacent property, with an intention to grab the said Government poromboke land, had given a petition to re-locate the said pole. Based on the same, the third respondent had conducted an inspection and attempted to re-locate the said pole. Hence, the petitioner had given a representation to the third respondent not to shift the electric post. Since the same was not considered, the petitioner has filed this writ petition. 5.The learned Standing Counsel for the respondents 1 to 3 would submit that based on the application made by the fourth respondent and also under the deposit contribution scheme, it is proposed to shift the pole. Further, by shifting the pole, it is submitted that the existing connection of the petitioner will not be disturbed. 6.
As the electric pole is situated in the Government poromboke land and the authorities proposed to shift the same under the deposit contribution scheme, the petitioner cannot make such request and the same cannot be entertained by the authorities. However, it is made clear that the existing connection given to the petitioner shall not be disturbed.
7.With the above direction, this writ petition is disposed of. No costs.
04.09.2024 Index : Yes / No Internet : Yes / No ta To 1.The Superintending Engineer, TANGEDCO, Ramanathapuram, Ramanathapuram District.
2.The Executive Engineer, TANGEDCO, Paramakudi, Ramanathrapum District.
3.The Assistant Executive Engineer, TANGEDCO, Parthibanoor, Ramanathapuram District.
4/5
N.SATHISH KUMAR, J.
ta 04.09.2024 5/5