V.Krishnasamy v. The Superintendent Engineer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2024
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Krishnasamy ... Petitioner Vs.
1.The Superintendent Engineer, Tamil Nadu Generation & Distribution Corporation (TANGEDCO), Tirunelveli District, Tirunelveli.
2.The Executive Engineer, Tamil Nadu Generation & Distribution Corporation (TANGEDCO), Thiyagarajanagar, Palayamkottai, Tirunelveli District.
3.The Assistant Engineer, O/o. the Tamil Nadu Generation & Distribution Corporation (TANGEDCO), 5/148, Rajeev Nagar, Maanur Taluk, Tirunelveli District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents to 1/5
remove / shift the Electricity line / Wire that run across my Patta Land in S.No:351/1 of Vagaikulam Village, Mannur Taluk, Tirunelveli District based on the petitioner's representation dated 13.08.2024 within the time limit that may be stipulated by this Court.
For Petitioner : Mr.S.Jai Surya Prakash For Respondents : Mr.S.Deenadhayalan, Standing Counsel
ORDER
This writ petition has been filed to direct the respondents to remove / shift the Electricity line / Wire that run across my Patta Land in S.No:351/1 of Vagaikulam Village, Mannur Taluk, Tirunelveli District based on the petitioner's representation dated 13.08.2024.
2. Heard the learned counsels on either sides and carefully perused the materials available on record.
3. The claim of the petitioner is that the respondents have drawn an electric line across his patta land by planting a pole in his patta land.
4. The learned counsel for the respondent submitted that the claim of the petitioner as to the fact whether the pole is situated in the patta land of 2/5
the petitioner could be ascertained only after a proper survey. In view of the same, the petitioner may be directed to take necessary steps to survey the land and identify the location of the pole as claimed by him.
5. In view of the above, the petitioner is directed to make an application before the Taluk Surveyor to measure the land after giving notice to the private respondents to whose property the electric line is drawn, and after the survey, if the pole is found to be in the patta land belonging to the petitioner, the respondents are directed to remove the same forthwith.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs.
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To 1.The Superintendent Engineer, Tamil Nadu Generation & Distribution Corporation (TANGEDCO), Tirunelveli District, Tirunelveli.
2.The Executive Engineer, Tamil Nadu Generation & Distribution Corporation (TANGEDCO), Thiyagarajanagar, Palayamkottai, Tirunelveli District.
3.The Assistant Engineer, O/o. the Tamil Nadu Generation & Distribution Corporation (TANGEDCO), 5/148, Rajeev Nagar, Maanur Taluk, Tirunelveli District.
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L.VICTORIA GOWRI, J.
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