W.P.(MD)No.18693 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2025 CORAM: THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.18693 of 2018 M.Mariappan ... Petitioner Vs. 1. The Superintending Engineer, (Rural), TANGEDCO Ltd., Ettayapuram Road, Tuticorin, Tuticorin District. 2. Assistant Engineer (Distribution), TANGEDCO Ltd., Pudukottai, Tutuicorin, Tuticorin District. 3. Balasaraswathi 4. The District Collector, Tuticorin District. (R4 is Suo motu impleaded vide Court order dated 09.02.2021 in WP(MD).18693/2018 by GRSJ)... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 1st and 2nd respondents to remove the electric line erected/fixed across the property of 1/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18693 of 2018 this writ petitioner situated at Survey No.484/3 of Mudivaithanenthal village, Tuticorin District and direct the 1st and 2nd Respondents to pay a sum of Rs.5,00,000/ as compensation to the petitioner within the stipualted period. For Petitioner : Mr.B.Rajesh Saravanan For R1 and R2 : Mr.S.Deenadhayalan Standing Counsel For R3 : No Appearance For R4 : Mr.D.Sasi Kumar Additional Government Pleader ORDER The above writ petition is filed for a mandamus to direct the 1st and 2nd respondents to remove the electric line erected/fixed across the property of this writ petitioner situated at Survey No.484/3 of Mudivaithanenthal village, Tuticorin District and direct the 1st and 2nd Respondents to pay a sum of Rs.5,00,000/ as compensation to the petitioner within the stipualted period. 2. It is the case of the petitioner that the subject property belonged to his father Madasamy and himself and his siblings namely Maharajan and Sankar. The property had been divided by them into plots and plot no. 3 in S.No.484/3 was allotted to the petitioner. On 03.01.2016, one of the 2/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18693 of 2018 Joint Patta Holder coming to know that the 2nd respondent was trying to give electricity service connection to the 3rd respondent across the plots situated at S.No.484/3 had given an objection letter to the 3rd respondent. Despite receiving this objection, the 2nd respondent on 07.01.2017 had granted the electricity service connection to the 3rd respondent through the property of the petitioner. 3. The petitioner had sent several complaints to the respondents 1 and 2 to remove the line, however, there was no response and on account of these lines running across this property, he was not in a position to construct any building thereon as the line runs right in the middle of the property. 4. The petitioner would submit that there is an alternate way to provide the electricity service connection to the 3rd respondent and without laying the line in the alternative route, the 2nd respondent has proceeded to lay the line through the petitioner's property. The petitioner's request for removing the line fixed in the property and for payment of compensation has not been considered. Therefore, the petitioner has come before this Court. 3/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18693 of 2018 5. The 2nd respondent had filed a counter inter alia contending that the line was drawn as per the sketch provided by the Panchayat President. At the time of providing the electricity service connection the petitioner had not made any objections and it is only thereafter that the request for removing the electric pole has been made. 6. On 23.10.2025, when this writ petition had come up, the learned Additional Government Pleader appearing for the 4th respondent was directed to get a report form the concerned jurisdictional Tahsildar with reference to the nature of the property comprised in S.No.484/3 of Mudivaithanenthal Village, Tuticorin District, a sketch as well as the photographs of the area in which the disputed line is laid. 7. The learned Additional Government Pleader appearing for the 4th respondent would submit that the petitioner has already filed a petition before the consumer grievance redressal forum seeking removal of the electric pole. Therefore, the petitioner by filing this writ petition is indulging in forum shopping. 4/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18693 of 2018 8. That apart, it is the contention of the 2nd respondent that if the line has to be shifted then as per the regulation 5(6) of Tamil Nadu Electricity Supply Code, 2004, it is for the petitioner to bear the expenses. 9. The Tahsildar, Thoothukudi addressing the Government Pleader by his letter dated 06.11.2025 bearing e/f/m4/3477/2025, has stated as follows:- “Jhj;Jf;Fo khtl;lk; kw;Wk; tl;lk;. Koitj;jhnde;jy; fpuhkk;. g[y vz;/ 484/2F2 kw;Wk; g[y vz;/487/2-y; kpd;fk;gk; elg;gl;L mjd; kpd;fk;gpfs; g[y vz;/ 484/3C tHpahf bry;fpwJ/ nkw;fz;l g[y vz; 484/3C- y; 00.02.28 b\f;nlh; gug;ghdJ gl;lh vz;/6453-y; rptd; Mrhup kfd; khlrhkp kw;Wk; 3 egu;fs; Mfpnahu; bgaupYk;. g[y vz;/484/2F2-y; 00.01.75 b\f;nlh; gug;ghdJ gl;lh vz;/6981-y; jkpHurd; kfd; tpehafK:u;j;jp vd;w bgupYk;. g[y vz;/487/2-y; 00.34.00 b\f;nlh; gug;ghdJ gl;lh vz;/3046-y; tonty; Mfhup kfd; Rg;igah Mrhup kw;Wk; 15 egu;fs; Mfpnahu; bgaupYk; fpuhk fzf;fpy; jhf;fyhfpa[s;sJ vd;w tpguj;jpid khz;g[kpF ePjpkd;wj;jpy; bjuptpj;jpl gzpt[ld; nfl;Lf;bfhs;fpnwd;/” 10. From the above statement as well as the sketch provided, it is clear that the electricity line has been drawn across the petitioner's patta land. 5/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18693 of 2018 11. Admittedly, prior permission has not been obtained from the petitioner before the line has been drawn. It is also seen that the petitioner's statement that there is an alternate route available has not been denied by the respondents. 12. Considering the fact that the electric line has been drawn without seeking the permission of the petitioner and without intimation to him, the respondents are directed to shift the electric line to the alternate pathway as suggested by the petitioner in his affidavit. The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. Since the line has been drawn without obtaining the permission of the petitioner, the expenses for shifting shall not be collected from him. 13. With the above directions, the writ petition stands allowed. No costs. 07.11.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 6/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18693 of 2018 To 1. The Superintending Engineer, (Rural), TANGEDCO Ltd., Ettayapuram Road, Tuticorin, Tuticorin District. 2. Assistant Engineer (Distribution), TANGEDCO Ltd., Pudukottai, Tutuicorin, Tuticorin District. 3. The District Collector, Tuticorin District. 7/8 https://www.mhc.tn.gov.in/judis W.P.(MD)No.18693 of 2018 P.T.ASHA, J. rgm W.P.(MD).No.18693 of 2018 07.11.2025 8/8 https://www.mhc.tn.gov.in/judis