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Madras High CourtWP(MD)/16669/2016disposed of

Mrs. R. Valaramathi, v. The Superintending Engineer

2023-06-22Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.12119 of 2016 R.Valarmathi ... Petitioner v.

1.The Superintending Engineer, Thoothukudi Electricity Distribution Circle, Ettayapuram Road, Thoothukudi.

2.The Executive Engineer, Tamil Nadu Generation of Electricity and Distribution Corporation (TANGEDCO), Kovilpatti, Thoothukudi District.

3.The Assistant Engineer, (Distribution), Tamil Nadu Generation of Electricity and Distribution Corporation (TANGEDCO), Ettayapuram, Thoothukudi District.

... Respondents 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to shift the High Tension Electric Pole from in front of the petitioner's Petrol Bulk situated at 640/7, Thoothukudi Main Road, Ettayapuram, Thoothudkudi District, to any other place without endargering the petitioner's Petrol Bulk, by considering the petitioner's representation dated 20.08.2016. For Petitioner : Mr.D.Srinivasaragavan For Respondents : Mr.S.Deenadhayalan, Standing Counsel *****

ORDER

The petitioner, who is running a Petrol Bulk at 640/7, Thoothukudi Main Road, Ettayapuram, Thoothukudi District, has approached this Court for a mandamus directing the respondents to shift the High Tension Electric Pole, which was proposed by the respondents to be laid in front of the petitioner's Petrol Bulk.

2.Learned Standing Counsel appearing for the respondents, on instructions, submitted that the High Tension electric line has not been laid in 2/4

front of the petitioner's Petrol Bulk. It was laid behind the Petrol Bulk, in a reasonable distance, by adopting all safety measures. He further submitted that since it is a High Tension line, the alignment cannot be changed for the convenience of this petitioner.

3.Considering the submissions made by the learned Standing Counsel that the Board has taken all necessary steps for the protection and safety of the petitioner's Petrol Bulk and that the High Tension line has already been effected in the year 2016 itself, this writ petition is disposed of, with a direction to the respondents to ensure the safety of the Petrol Bulk. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 22.06.2023 NCC :

Yes / No gk 3/4

B.PUGALENDHI, J.

gk 22.06.2023 4/4