L.Pandi v. The Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2025

CORAM:

THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.29013 of 2025

1. L.Pandi

2. A.Gurusamy

3. P.Thangapandi ... Petitioners Vs.

1. The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), N.R.T.Nagar Main Road, Theni District.

2. The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), East Division, Andipatty, Theni District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Mandamus directing the respondents to shift the High Tension cable running above the properties of the petitioners situated at S.Nos. 1761/1b1, 1761/1C and 176/8 in Thimmarasanayakanur Bit - 2 Village, Aundipatty Taluk, Theni District to some other place by considering the petitioners application dated 17.08.2025. 1/6

For Petitioner : Mr.J.Senthil kumaraiah For R1 and R2 : Mr.S.Deenadhayalan

ORDER

The above writ petition has been filed for the following relief:- "Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Mandamus directing the respondents to shift the High Tension cable running above the properties of the petitioners situated at S.Nos. 1761/1b1, 1761/1C and 176/8 in Thimmarasanayakanur Bit - 2 Village, Aundipatty Taluk, Theni District to some other place by considering the petitioners application dated 17.08.2025."

2. It is the case of the petitioners that the above referred property belong to the petitioner 1, 2 and 3 respectively. It is their case that a High Tension (HT) transmission voltage of about 33KV cable was passing from the road side and a HT pole was laid in the front portion of the 1st petitioner's patta land from where the HT cable passes through the middle of the 2nd petitioner's patta land. Thereafter, a HT pole is erected inside the 3rd petitioner's land, wherein he has constructed a house surrounded by a compound wall and the HT cable passes on the side of the building. The petitioners 1 and 2 are planning to put up a construction in their respective lands. However, since the pole is put up in the front of the 2/6

1st petitioner's land and the cable passing over his land through the middle of the 2nd petitioner's land they are unable to start their construction work. The HT cable passes close to the petitioner's house and he has not able to put up an additional construction which he desires to put up. The petitioners would submit that the existing pole is in the main road within 50 meters distance a 20 feet public street is available. The respondents can divert the HT cable from the main road and erect a pole, so that the line passes through this public street and would as a result cause no hindrance to the petitioners.

3. With this end in mind, the petitioners had submitted a separate application dated 17.08.2025 and remitted necessary charges for shifting the location of the electrical utilities. The petitioners had submitted a rough sketch showing the diverted line and they had also undertaken to pay the necessary charges for the shifting.

4. When the matter had come up on 16.10.2025, the learned standing counsel for the respondents ought time to get instructions regarding this diverting of the line and the undertaking of the petitioners. 3/6

5. When the matter is taken up for hearing today, a sketch has been provided in which the existing line has shown as a straight line in blue colour and the proposed diversion is shown as a line with intervals in blue colour. The sketch has been provided in which the straight line in blue colour running from the points H, G to F is the existing line which is proposed to be diverted from the points F, J, K, L, M to I. These lines are in blue colour. The lines drawn in the red colour and from points A, B and C is also a diverted line. The sketch shall therefore form part of the order, which is extracted below:- 4/6

6. The writ petition is disposed of on the basis of this sketch which clearly shows the manner in which the HT cable is proposed to be shifted. The petitioners shall pay the necessary charges for the shifting as undertaking by them in their affidavit. The said exercise shall be completed within a period of three (3) weeks from their payment.

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

10.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6

P.T.ASHA, J.

rgm To

1. The Superintending Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), N.R.T.Nagar Main Road, Theni District.

2. The Assistant Engineer, Tamil Nadu Electricity Generation and Distribution Corporation (TANGEDCO), East Division, Andipatty, Theni District.

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