Madras High Court
M.Chinnasamy vs The Assistant Electrical ... on 6 November, 2023
W.P.(MD)No.13570 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.11.2023
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.13570 of 2021
M.Chinnasamy ... Petitioner
vs.
1.The Assistant Electrical Engineer,
Office of Assistant Electrical Engineer,
N.G.O. Colony-3, TANGEDCO,
B.K.Pudur Via, Dindigul 624005.
2.The Junior Engineer,
Office of Assistant Electrical Engineer,
TANGEDCO, B.K.Pudur Via, Dindigul 624005. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the respondents herein
to give electricity service connection to the house of petitioner by
erecting pole in LMNP pathway as decreed by the civil courts confirmed
in A.S.No.628 of 2004 on the file of learned Additional Subordinate
Judge, Dindigul, dated 31.01.2011, as per the representation of the
petitioner dated 07.07.2021 in accordance with law.
For Petitioner :Mr.V.Janakiramalu
For Respondents :Mr.S.Deenadhayalan
1/5
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.13570 of 2021
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Mandamus directing the Electricity Board to act upon the representation
made by the petitioner on 07.07.2021, wherein, the petitioner has sought
for the removal of the electricity pole that has been erected in the
property belonging to the petitioner, which right has already been
confirmed by the competent Civil Court in the judgment and decree
passed in A.S.No.628 of 2004 by the Additional Subordinate Court,
Dindigul.
2.Heard Mr.V.Janakiramalu, learned Counsel appearing on behalf
of the petitioner and Mr.S.Deenadhayalan, learned Counsel appearing on
behalf of the respondents.
3.The main grievance that has been expressed by the learned
Counsel for the petitioner is that the electricity pole has been erected by
the respondents in the property belonging to the petitioner and the
electricity service connection was given to others. The petitioner had
filed a suit in O.S.No.635 of 1999 and the persons in whose favour the
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.13570 of 2021
electricity service connection was given had also filed a suit in O.S.No.
388 of 1999 before the II Additional District Munsif Court, Dindigul.
The suit filed by the petitioner was decreed and the suit filed by the
obstructors/neighbours was dismissed. This became the subject matter of
challenge in A.S.No.628 of 2004 before the Additional Subordinate
Court, Dindigul. This appeal was also dismissed through judgment and
decree dated 31.01.2011. In view of the same, the petitioner is seeking
for removal of the electricity pole that has been erected in the property
belonging to the petitioner. The representation made by the petitioner
did not get any response and hence, the present Writ Petition has been
filed before this Court.
4.Taking into consideration the facts and circumstances of the case
and the limited relief sought for in this Writ Petition, there shall be a
direction to the second respondent to consider the representation made by
the petitioner on 07.07.2021 on its own merits and in accordance with
law and take a final decision within a period of eight weeks from the date
of receipt of a copy of this order. While undertaking this exercise, the
second respondent shall take into consideration the decree passed by the
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.13570 of 2021
Civil Court as well as the objections raised by the obstructor/neighbours.
5.The Writ Petition is disposed of with the above direction. No
costs.
Index : Yes / No 06.11.2023
Internet : Yes / No
NCC : Yes / No
cmr
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.13570 of 2021
N.ANAND VENKATESH, J.
cmr
W.P.(MD)No.13570 of 2021
06.11.2023
https://www.mhc.tn.gov.in/judis
