Disposed

R.Santha Kumar, v. The Chairman cum Managing

Madras HC23 Nov 2020WP/29540/2016

Case brief

AI extract

What is this about?

In a writ petition challenging the erection of electric posts on cultivating land, the court adjourned matters, granting the petitioners three weeks to submit an application for shifting the posts to adjoining land, directing the respondent to consider and pass orders within four weeks thereafter.

What did the court decide?

Permission to give an application within three weeks for shifting posts; respondent must consider and pass orders within four weeks.

R.Santha Kumar, Vs The Chairman cum Managing — Landlord and Tenant | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 23.11.2020 CORAM :

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The HON'BLE MR.JUSTICE M.DURAISWAMY

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W.P.No.29540 of 2016

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R. Santhakumar 2. M. Suguna

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...Petitioners

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vs.

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The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Limited, 10^th Floor, NPKRR Maligai,

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No.144, Anna Salai, Chennai – 600 002.

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The Assistant Executive Engineer, Tamil Nadu Electricity Board, Collectrate Post, Dharmapuri – 636 705.

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... Respondents

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Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the 2^nd respondent to remove the Electric Post erected in our cultivating land as per our representation dated 29.04.2016.

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For Petitioner : Mr. M. Thamizhavel For Respondents: Mr. M. Varunkumar, Standing Counsel O R D E R

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The petitioners have filed the above Writ Petition to issue a Writ of Mandamus directing the 2^nd respondent to remove the Electric Posts erected in the cultivating land as per their representation dated 29.04.2016.

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Mr. M. Thamizhavel, learned counsel appearing for the petitioners submitted that the 2^nd respondent had erected two electric posts in the petitioners' land without obtaining their permission as per Rule 67 of the Electricity Code. The learned counsel further submitted that the petitioners are willing to give their adjoining land for shifting the electrical posts.

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https://hcservices.ecourts.gov.in/hcservices/

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Mr. M. Varun Kumar, learned Standing Counsel appearing for the respondents, submitted that the Electricity Board has power under section 164 to erect the electrical post even in the patta land. However, the learned counsel submitted that in the event of the petitioners giving an application for shifting the electrical posts to some other place, the same would be considered in accordance with law.

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The learned counsel appearing for the petitioners submitted that the petitioners would give a fresh application within three weeks' time.

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Having regard to the submissions made by the learned
counsel on either side, the petitioners are granted three
weeks' time for giving an application for shifting the
electrical posts to their adjoining land and on receipt of the
same, the 2 nd respondent is directed to consider the same
and pass orders, on merits and in accordance with law,
within a period of four weeks thereafter.
With these observations, the Writ Petition is disposed of.
No costs.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
Rj
To
1. The Chairman cum Managing Director,
Tamil Nadu Generation and Distribution
Corporation Limited,
10 th Floor, NPKRR Maligai,
No.144, Anna Salai,
Chennai – 600 002.
2. The Assistant Executive Engineer,
Tamil Nadu Electricity Board,
Collectrate Post,
Dharmapuri – 636 705.
+1 CC to Mr.M. Thamizhavel, Advocate sr 37516
+1 CC to Mr. Varun Kumar, Advocate sr 37656.

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W.P.No.29540 of 2016 UM(CO) SP(11/12/2020)

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https://hcservices.ecourts.gov.in/hcservices/

R.Santha Kumar, v. The Chairman cum Managing

Case brief

What is this about?

What did the court decide?

R.Santha Kumar, v. The Chairman cum Managing

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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