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Madras High CourtWP(MD)/23982/2023disposed of

Neelamegam. R v. The Chairman

2025-09-24Honourable Ms. Justice P.T. Asha6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.23982 of 2023 R.Neelamegam ... Petitioner Vs.

1. The Chairman, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No. 825, Anna Salai, Triplicane, Chennai-600 002

2. The Assistant Divisional Engineer, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Mudukulathur, Ramanathapuram District

3. The Assistant Executive Engineer, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Uthirakosamangai, Ramanathapuram District.

4. Ganthimathi

5. Hemavathi (R4 and R5 are impleaded vide court order dated.26.03.2024 in WMP(MD).841 of 2024 in WP(MD).23982 of 2023 by GRSJ) ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to remove the electric pole installed in the petitioners patta land (Patta No. 1558) in Survey no. 253/9A1B in an extent of 10 cents situated at Kadambodai Village, Mudukulathoor Taluk, Ramanathapuram District by considering the petitioners representation dated 30.08.2023. For Petitioner : Mr.T.Thirumurugan For R1 to R3 : Mr.S.Deenadhayalan For R4 and R5 : No Appearance

ORDER

The writ petition is filed seeking a direction to the respondents to remove the electrical pole installed in the petitioners land considering his representation dated 30.08.2023.

2. The facts as set out in the affidavit filed in support of the writ petition reads as under:- The petitioner would submit that he had purchased the property comprised in S.No.253/9A1B, measuring to an extent of 10 cents at Kadamyodai Village, Mudukulathoor Taluk, Ramanathapuram District 2/6

under a registered Sale Deed dated 20.05.1999 in Document No.361 of 1999. The patta for the subject property also stands in the name of the petitioner in Patta No.1558. While so, one Gandhimathi and Hemavathi namely the respondents 4 and 5 herein were trying to grab the subject property from the petitioner. Subsequently, the petitioner filed a Suit in O.S.No.53 of 2017, on the file of the District Munsif Court, Mudukulathur, Ramanathapuram District seeking permanent injunction restraining the respondents 4 and 5 herein and that by an order dated 29.01.2021, the learned District Munsif Judge, granted decree in favour of the petitioner.

3. Thereafter, the aforesaid encroachers viz., the respondents 4 and 5 along with their henchmen had put up an electric pole on the petitioner's property as if it was their property. In this connection, the petitioner gave a representation before the 3rd respondent in person to remove the electrical pole, however, no action has been taken. Thereafter, the petitioner had submitted a detailed representation along with relevant documents before the respondents on 30.08.2023, however the same has not been considered to date. Therefore, the petitioner is before this Court. 3/6

4. Heard the learned counsel on either side.

5. Mr.S.Deenadhayalan, learned counsel appearing for the respondents 1 to 3 would submit that the representation submitted by the petitioner dated 30.08.2023 will be considered and final orders will be passed within the time stipulated by this Court.

6. In view of the same, without going into the merits of the matter, the 3rd respondent is directed to consider the representation of the petitioner dated 30.08.2023 and pass final orders on its own merits and in accordance with law within a period of four (4) weeks from the date of receipt of a copy of this order, after hearing the petitioner and other interested parties, if any.

7. The writ petition stands disposed of with the above observations and directions. No costs.

24.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The Chairman, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), No. 825, Anna Salai, Triplicane, Chennai-600 002

2. The Assistant Divisional Engineer, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Mudukulathur, Ramanathapuram District

3. The Assistant Executive Engineer, The Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Uthirakosamangai, Ramanathapuram District.

5/6

P.T.ASHA, J.

rgm W.P.(MD).No.23982 of 2023 24.09.2025 6/6