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2025 DAILYLAW 129091 (MAD)

A. Velava v. The Chairman / Managing Director

WP(MD)/8069/2025 · 2025-03-24

Vivek Kumar Singh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(MD)No.8069 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.03.2025 CORAM: THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH W.P.(MD)No.8069 of 2025 A.Velava : Petitioner Vs. 1. The Chairman / Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) NPKKR Maaligai, 144, Anna Salai, Chennai - 600002. 2. The District Collector, Sivagangai District, Sivagangai. 3. The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District. 4. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) Sivagangai. 1/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8069 of 2025 5. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), VOC Road, Karaikudi, Sivagangai District. 6. Andiappan : Respondents P RAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 5 to immediately remove the two electricity poles installed illegally on the petitioners patta land in survey No.17/3 Patta No.284, measuring 9.50 acres, situated at pananvayal Revenue Village, Karaikudi Taluk, Sivagangai District and reinstall them at a suitable location without causing any harm or inconvenience to the petitioner or any other person. For Petitioner : Mr.P. Saravanakumar For Respondents : Mr.C.Venkatesh Kumar Spl. Government Pleader for R1 to R3 Mr.S.Deenadhayalan for R4 & R5 O R D E R This writ petition has been filed seeking a direction to the respondents 1 to 5 to immediately remove the two electricity poles installed illegally on the petitioner's patta land in Survey No. 17/3, Patta 2/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8069 of 2025 No. 284, measuring 9.50 acres, situated at Pananvayal Revenue Village, Karaikudi Taluk, Sivagangai District and to reinstall them at a suitable location without causing harm or inconvenience to the petitioner or any other persons. 2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the sixth respondent is dispensed with. 3. The petitioner asserts that he is engaged in agricultural activities on his land. His grievance is that the sixth respondent, taking advantage of a previous order passed by this Court in W.P.(MD) No. 11598 of 2021, along with officials from the Electricity Board, erected two electricity poles on the petitioner's patta land. These poles are situated very close to a water channel and were installed without any concrete foundation. In this regard, the petitioner submitted a representation on 07.03.2025, requesting the officials to immediately remove the said two electricity poles. However, since no action has been taken, the petitioner has now filed the present writ petition. 3/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8069 of 2025 4. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time. 5. In the light of the above observations, there shall be a direction to the respondents 4 and 5 to consider the petitioner's representation dated 07.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of eight weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the respondents 4 and 5 to consider the same on its own 4/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8069 of 2025 merits. 6. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 24.03.2025 Index : Yes / No Internet : Yes / No PKN To 1. The Chairman / Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) NPKKR Maaligai, 144, Anna Salai, Chennai - 600002. 2. The District Collector, Sivagangai District, Sivagangai. 3. The Tahsildar, Karaikudi Taluk, Karaikudi, Sivagangai District. 4. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO) Sivagangai. 5/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8069 of 2025 5. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd. (TANGEDCO), VOC Road, Karaikudi, Sivagangai District. 6/7 https://www.mhc.tn.gov.in/judis W.P.(MD)No.8069 of 2025 VIVEK KUMAR SINGH, J. PKN W.P.(MD) No.8069 of 2025 24.03.2025 7/7 https://www.mhc.tn.gov.in/judis