Ponnukodi v. The Superintending Engineer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2023 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD) No.3238 of 2016 and WMP(MD) No.2832 of 2016 Ponnukodi Petitioner Vs.

1.The Superintending Engineer, Tamilnadu Power Generation and Distribution Corporation Ltd., (TANGEDCO), Tirunelveli - 11.

2.The Executive Engineer, Tamilnadu Power Generation and Distribution Corporation Ltd., (TANGEDCO), Sankarankovil Taluk, Tirunelveli District.

3.The Junior Engineer, Tamilnadu Power Generation and Distribution Corporation Ltd., (TANGEDCO), Palankottai, Kalugumalai, Tirunelveli District.

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, 1/5

directing the second respondent to remove the EB line, which is newly erected in the midst of the petitioner's land in Survey No.310 (2E) of Sayamalai Panchayat and Village, Sankarankovil Taluk, Tirunelveli District based on the consideration of the petitioner's representation dated 13.01.2016 and further direct the respondents to pay the petitioner a compensation of Rs.1,00,000/- for causing damage to the petitioner's land and for driving the petitioner to Court.

For Petitioner :Mr.V.Muthuvelan For Respondents :Mr.S.Deenadhayalan Standing Counsel

O R D E R

The grievance of the petitioner is that the respondent Board without getting permission from the petitioner has laid electrical pole in the petitioner's land and caused damage to his property. Therefore, he sought for compensation from the respondent Board.

2.Today(05.06.2023), when this writ petition is taken up for hearing, the learned counsel appearing for the petitioner submits 2/5

that the pole which has been wrongly erected in the petitioner's property has now been removed. However, the learned counsel is insisting for payment of compensation for the damages caused to the petitioner.

3.Since the electrical pole which has been wrongly erected in the petitioner's land has been removed and the same has been admitted by the petitioner himself, this writ petition is closed. However, the petitioner is at liberty to work out his remedy for compensation before the appropriate Civil Court. No costs. Consequently, connected Miscellaneous Petition is closed. 05.06.2023 NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

vrn 3/5

To 1.The Superintending Engineer, Tamilnadu Power Generation and Distribution Corporation Ltd., (TANGEDCO), Tirunelveli - 11.

2.The Executive Engineer, Tamilnadu Power Generation and Distribution Corporation Ltd., (TANGEDCO), Sankarankovil Taluk, Tirunelveli District.

3.The Junior Engineer, Tamilnadu Power Generation and Distribution Corporation Ltd., (TANGEDCO), Palankottai, Kalugumalai, Tirunelveli District.

4/5

B.PUGALENDHI, J vrn Order made in W.P(MD) No.3238 of 2016 and WMP(MD) No.2832 of 2016 05.06.2023 5/5