Athisivan P v. The Executive Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.22689 of 2022 R.Athisivam ... Petitioner Vs.

1.The Executive Engineer, Tamilnadu Electricity Board, K.Pudhur, Madurai - 7.

2.The Assistant Engineer, Tamilnadu Electricity Board, Chekkanoorani, Madurai District.

3.The Assistant Engineer, Tamilnadu Electricity Board, Usilampatti, Madurai District.

4.D.Murugan 5.R.Rajakannan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondent 1 to 3 from erecting or putting up any electric poles or towers through petitioner property comprised in R.S.No.23/5 to an extent of 27 cents Kongarpulinagulam 1/4

Village, Chekkanoorani, Madurai District in consonance with interim order passed in WP(MD) No.16158 of 2022 on the basis of petitioner representation dated 15.11.2022.

For Petitioner : Mr.R.G.Shankar Ganesh For Respondents : Mr.S.Deenadhayalan, Standing Counsel for R1 to R3.

ORDER

Heard the learned counsel for the writ petitioner and the learned standing counsel for the respondents 1 to 3. Considering the nature of relief to be granted, issuance of notice to the private respondents is dispensed with. 2.The learned standing counsel states that so far they have not received any application from the private respondents for erection of any tower or drawing of any line. It is undertaken before me that if any such application is received from the private respondents herein, the writ petitioner will be put on notice and without enquiring the writ petitioner, the TANGEDCO authorities will not take any decision. If any decision is taken, copy of the same will be served on the petitioner, so that the petitioner can question the same, if it is adverse to him.

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3.With this direction, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 20.01.2023 NCS : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

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