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2025 DAILYLAW 158249 (MAD)

Sundar v. The Superintendent of Engineer

WP(MD)/22822/2025 · 2025-08-21

C Saravanan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.22822 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2025 CORAM THE HONOURABLE MR.JUSTICE C.SARAVANAN Writ Petition(MD)No.22822 of 2025 Sundar ... Petitioner Vs. 1.The Superintendent of Engineer, Tamilnadu Generation and Distribution, Corporation Limited (TANGEDCO), K.Pudur, Madurai city. 2.The Executive Engineer, Tamilnadu Generation and Distribution, Corporation Limited (TANGEDCO), Kappalur, Thirumangalam, Madurai District. 3.The Assistant Engineer, (West) Tamilnadu Generation and Distribution, Corporation Limited (TANGEDCO), Thirumangalam, Madurai District. 4.Mr.Sathishkumar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents 1 to 3 to remove the electric pole and high-tension wires illegally erected inside the petitioner's land in Survey No.169/14, Urappanur Village, Thirumangalam Taluk, Madurai District, 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.22822 of 2025 Consequently direct the Respondents 1 to 3 to restore the said pole and wires to their original location in Survey No.169/11B, where they had been in existence for over 50 years based on the representation dated 13.08.2025 within a time frame fixed by this court. For Petitioner : Mr.V.Selvakumar For Respondents : Mr.S.Deenadhayalan Standing Counsel (for R1 to R3) ORDER This writ petition has been filed seeking issuance of a Writ of Mandamus directing respondents 1 to 3 to remove the electric pole and high-tension wires illegally erected inside the petitioner’s land in Survey No.169/14, Urappanur Village, Thirumangalam Taluk, Madurai District, and consequently direct respondents 1 to 3 to restore the said pole and wires to their original location in Survey No. 169/11B, where they had been in existence for over 50 years, based on the petitioner’s representation dated 13.08.2025, within a time frame to be fixed by this Court. 2. This writ petition is disposed of at the time of admission, after hearing the learned counsel for the petitioner, learned Standing Counsel for the respondents 1 to 3 and after dispensing with the notice to the fourth respondent as no adverse orders are proposed to be passed against the fourth respondent. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.22822 of 2025 3. It appears that the fourth respondent had earlier requested shifting of the electric poles under the “Depositors Contribution Work” scheme under the Electricity Supply Code. Pursuant to the said request, the pole was shifted. The petitioner has now approached the respondents seeking re-shifting to the original location, contending that the pole has been erected in his patta land. 4. The petitioner’s grievance warrants consideration. However, it is for the petitioner to obtain a certificate from the competent surveyor as to whether the pole has in fact been shifted into his patta land. Accordingly, liberty is granted to the petitioner to approach the revenue authority for a survey of the land and, based on such report, to request the third respondent to shift the pole if it is found to stand on the petitioner’s patta land. Needless to state that the petitioner shall also bear the necessary charges, if any, for such shifting. 5. This writ petition is disposed of accordingly. No costs. 21.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.22822 of 2025 To 1.The Superintendent of Engineer, Tamilnadu Generation and Distribution, Corporation Limited (TANGEDCO), K.Pudur, Madurai city. 2.The Executive Engineer, Tamilnadu Generation and Distribution, Corporation Limited (TANGEDCO), Kappalur, Thirumangalam, Madurai District. 3.The Assistant Engineer, (West) Tamilnadu Generation and Distribution, Corporation Limited (TANGEDCO), Thirumangalam, Madurai District. 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.22822 of 2025 C.SARAVANAN, J. skn Writ Petition(MD)No.22822 of 2025 21.08.2025 5/5 https://www.mhc.tn.gov.in/judis