Madras High Court
V.Carmel Rose Alias Viji vs The Tamilnadu Generation And ... on 15 June, 2021
W.A.(MD)No.1158 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 15.06.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1158 of 2021
V.Carmel Rose alias Viji ... Appellant/Writ Petitioner
Vs.
1. The Tamilnadu Generation and Distribution
Corporation Ltd.,
Anna Salai, Chennai - 600 002.
Rep. by its Chairman.
2. The Assistant Executive Engineer,
Distribution,
The Tamilnadu Generation and Distribution
Corporation Ltd.,
Sooriacode, Vilavancode Taluk,
Kanyakumari District.
3. The Junior Engineer,
The Tamilnadu Generation and Distribution
Corporation Ltd.,
Sooriacode, Vilavancode Taluk,
Kanyakumari District.
4. Thooya Carmel Annai Church alias
Kuzhivilai Alankara Matha Church,
Sub-station of Vavarai Carmel Matha Church,
Kuzhivilai, kulappuram Village,
Vilavancode Taluk, Kanyakumari District.
Rep. by its Secretary.
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W.A.(MD)No.1158 of 2021
5. H.Blasy
6. The District Collector,
Kanyakumari District,
Nagercoil.
(suo motu impleaded as sixth
respondent by this order)
... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of
this Court made in W.P.(MD) No.3598 of 2019, dated 24.04.2019.
For Appellant : Mr.K.N.Thampi
For Respondents : Mrs.S.Srimathy,
Standing Counsel
for R1 to R3
Mr.M.R.Sreenivasan for R5
No appearance for R4
JUDGMENT
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
We have heard Mr.K.N.Thampi, learned Government Counsel
appearing for the appellant; Mrs.S.Srimathy, learned Standing Counsel
appearing for the respondents 1 to 3 and Mr.M.R.Sreenivasan, learned counsel
appearing for the fifth respondent.
2. This writ appeal filed by the writ petitioner is directed against the
order dated 24.04.2019 in W.P(MD).No.3958 of 2019. The said writ petition
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W.A.(MD)No.1158 of 2021
was filed by the appellant to quash the order passed by the second respondent
herein dated 16.10.2018 and for a consequential direction to direct the
respondents 1 to 3 to give electricity service connection to the appellant's
building bearing Door No.2-232A of Methukummal Village Panchayat,
Kuzhivilai, Kanyakumari District.
3. It appears that there is a civil dispute between the husband of the
appellant and the fourth respondent and the same is pending before this Court in
S.A(MD).No.109 of 2015. Noting that there is an objection raised by the private
respondents for drawal of line above the disputed properties, the learned Single
Bench directed the respondents 2 and 3 herein to grant electricity service
connection to the appellant by drawing the line and erecting poles over the land
that does not belong either to the fourth respondent and fifth respondent. The
appellant is aggrieved by such order filed this appeal contending that under the
Works of Licensees Rules 2006, framed under the Electricity Act 2003, more
particularly, Rule 3 thereof, the provisions of the Indian Telegraph Act 1885,
had been made applicable and in case of objection, the same can be removed by
resorting to the procedure under the Indian Telegraph Act, 1885. Therefore, it is
submitted that the writ petition should have been allowed as prayed for.
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W.A.(MD)No.1158 of 2021
4. The learned counsel appearing for the fifth respondent submitted
that the objection given by the fifth respondent as well as the fourth respondent
are valid objections.
5. Mrs.S.Srimathy, learned Standing Counsel appearing for the
respondent-Board submitted that the Board had been put to difficulty, because
the fourth respondent is objecting for drawal of line and erection of poles within
the disputed properties and if there is an alternate route and the appellant is able
to inform the respondents 2 and 3, the respondents 2 and 3 will explore the
possibility of drawing the line and erecting the pole through alternate route.
6. It is not clear as to whether there is any alternate route and the
electrical line and the poles have to be necessarily passed through the disputed
property. However, noting the fact that the electricity is one of the basic
amenities, this Court is of the view that the following direction would safeguard
the interest of the parties.
7. In the result, the Writ Appeal is partly allowed and the order and
direction issued in the writ petition is modified by directing the appellant to
submit a representation to the respondents 2 and 3 to take action to remove the
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W.A.(MD)No.1158 of 2021
objection raised by the respondents 4 and 5 for drawal of electricity line and
erection of poles to grant electricity supply to the appellant. If such
representation is made, the respondents 2 and 3 shall make appropriate
application before the District Collector, Kanyakumari District, who shall
consider the objection and examine the same by applying the provisions of the
Works of Licensees Rules 2006 r/w the Indian Telegraph Act 1885, before
which, notice shall be issued to the appellant and the respondents 4 and 5 and
pass orders on merits and in accordance with law. Based on the orders passed by
the District Collector, Kanyakumari District, the respondents 2 and 3 are
directed to take appropriate action. Since the District Collector, Kanyakumari
District at Nagercoil, is not a party respondent in this appeal and since direction
has been issued, we suo motu impleaded the District Collector, Kanyakumari
District at Nagercoil, as the sixth respondent in the writ appeal.
8. The above directions shall be complied with by the authorities
within two months from the date of which the appellant submits the
representation to the respondents 2 and 3. No costs.
Index :Yes/No (T.S.S.,J.) (S.A.I.,J.)
Internet :Yes/No 15.06.2021
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W.A.(MD)No.1158 of 2021
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To
1. The Chairman,
Tamilnadu Generation and Distribution
Corporation Ltd.,
Anna Salai, Chennai - 600 002.
2. The Assistant Executive Engineer,
Distribution,
The Tamilnadu Generation and Distribution
Corporation Ltd.,
Sooriacode, Vilavancode Taluk,
Kanyakumari District.
3. The Junior Engineer,
The Tamilnadu Generation and Distribution
Corporation Ltd.,
Sooriacode, Vilavancode Taluk,
Kanyakumari District.
4. The District Collector,
Kanyakumari District,
Nagercoil.
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W.A.(MD)No.1158 of 2021
T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
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W.A.(MD)No.1158 of 2021
15.06.2021
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