K. Revathy v. The Asst. Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD) Nos.1862 & 1863 of 2016 K.Revathy

...Petitioner

Vs.

1.The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Southern Region, Kariapatti, Virudhunagar District.

2.M.Annamalai

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order passed by the first Respondent in Letter No.U.Mi.Po/The/Kari/Ko.Kattu/ A.No.269/2015 dated 21.12.2015 and quash the same as illegal and consequently forbearing the first Respondent from giving electricity service connection in the name of the second Respondent by drawing service line over and above the petitioner's property (dwelling house) in Survey No.326/21, Thoppur Village, Kariapatti Taluk, Virudhunagar District.

For Petitioner : Mr.P.Akkini Thevar For Respondents : Mr.S.Deenadhayalan - for R1 Standing Counsel Mr.S.Thirunavukarasu - for R2

O R D E R

The petitioner has raised certain objections with regard to the electricity service connection granted to the second respondent 2/6

and that objection was rejected by an order dated 21.12.2015 and the same is challenged in this Writ Petition.

2. The learned counsel for the petitioner submits that he is having a tiled house and the service connection is taken across the tiled house and it is also in a dangerous condition. If any accident took place, then the petitioner and his family members would be affected and therefore, the petitioner submitted a representation to draw the line in a different route other than through the petitioner's house.

3. The learned Standing Counsel appearing for the first respondent submits that the electricity service connection is in existence for a long time and it is not causing any nuisance to the petitioner.

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

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5. The grievance of the petitioner is that the line has been drawn over his tiled house in a dangerous condition. The first respondent shall also address his grievance by providing some safety measures for the line which is passing through the petitioner's house.

6. With the above observation, this Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

04.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 4/6

To 1.Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Represented by its Chairman and Managing Director, 144, Anna Salai, Chennai - 600 002.

2.The Chief Financial Controller/ Revenue, TANGEDCO, 144, Anna Salai, Chennai - 600 002.

3.The Superintending Engineer, TANGEDCO, Tirunelveli Electricity Distribution Circle, Tirunelveli.

4.Tamil Nadu Electricity Regulatory Commission (TNERC) Represented by its Secretary, 19-A, Rukmini Lakshmipathy Salai, Egmore, Chennai - 600 008.

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B.PUGALENDHI, J.

RM Order made in 04.10.2023 6/6