Allowed

C.L.Spl.110, Veppery Primary v. The Executive Engineer,(O & M)

Madras HC11 Nov 2022WP/26818/2015

Case brief

AI extract

What is this about?

The Court allowed a writ petition filed by a cooperative society seeking removal of electrical poles installed on its land. The Court directed the electricity corporation and panchayat respondents to shift the poles if the petitioner agrees to bear the shifting costs.

What did the court decide?

Petitioner shall pay the shifting charges; upon payment, respondents are directed to remove the electrical posts from the petitioner's land.

C.L.Spl.110, Veppery Primary Vs The Executive Engineer,(O… — Landlord and Tenant | Madras HC (2022)

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WP.No.26818 of 2015

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 11.11.2022

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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WP.No.26818 of 2015

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C.L.Spl.110, Veppery Primary Agricultural Co-operative Society Ltd., Rep. by its President B.Eliamuthu

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No.22/1, Vinayagar Koil Street, Nagar & Post, Marakkanam Taluk, Villupuram District.

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... Petitioner

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The Executive Engineer, [O & M], Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Tindivanam, Villupuram District.

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The Assistant Executive Engineer, [O & M], Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Tindivanam, Villupuram District.

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The President of Vepery Panchayat, Marakkanam Taluk, Villupuram District.

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[R3 su-motu impleaded as per Order dated

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27.08.2015 by NKKJ in W.P.No.26818 of 2015]

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... Respondents

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WP.No.26818 of 2015

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Prayer:- Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents to remove the electrical poles and electrical line drawn across the petitioner coop.society land situated in S.No.356/6, Nagar Village, Marakkanam Taluk, Villupuram District to the extent of 00650 sq.meter and in S.No.356/7, Nagar Village, Marakkanam Taluk, Villupuram District to an extent of 00825 sq.meter [about 66 cents].

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For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.Jai Venkatesh – R1 & R2 Mr.M.E.Raviselvan – R3

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ORDER

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This Writ Petition has been filed to direct the respondents to remove the electrical poles and electrical line drawn across the petitioner coop.society land situated in S.No.356/6 to an extent of 00650 sq.meter and in S.No.356/7, Nagar Village, Marakkanam Taluk, Villupuram District to an extent of 00825 sq.meter [about 66 cents].

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It is the case of the petitioner that the petitioner society has land in Survey No.356/6 and 356/7 in Nagar Village, Marakkanam Taluk,

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WP.No.26818 of 2015

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Villupuram District to an extent of about 66 cents and in that land they proposed to construct society building. As the respondent have erected pole in their land and drew electrical line across their land, they are not able to construct any building in their land. Despite several representations given to the respondents to remove the electrical poles and electrical lines, the respondents have not taken any steps to remove the electrical poles erected in their land. Hence, this Writ Petition has been filed to direct the respondents to remove the electrical poles and electrical lines passing through their land.

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Counter has been filed on behalf of the respondents 1 and 2 stating that while erecting electrical poles, since there was no objection, electrical poles have been erected. It is further stated in the counter that if the petitioner is willing to bear the shifting charges, they are willing to shift the electrical post.

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It is an admitted fact that the electrical post has been erected in the

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land of the petitioner. The respondents themselves are willing to shift the electrical post provided the petitioner bears the shifting charges. In such

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3/5 https://www.mhc.tn.gov.in/judis

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WP.No.26818 of 2015

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view of the matter, the petitioner shall pay the shifting charges and on such payment of shifting charges by the petitioner, the respondents 1 and 2 are

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directed to remove the electrical post from the land of the petitioner.

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With the above directions, this Writ Petition is allowed. No costs.

11.11.2022

vrc

To,

The Executive Engineer, [O & M], Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Tindivanam, Villupuram District.

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The Assistant Executive Engineer, [O & M], Tamil Nadu Generation and Electricity Distribution Corporation Ltd., Tamil Nadu Electricity Board, Tindivanam, Villupuram District.

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The President of Vepery Panchayat, Marakkanam Taluk, Villupuram District.

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4/5 https://www.mhc.tn.gov.in/judis

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WP.No.26818 of 2015

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N.SATHISH KUMAR, J.

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vrc

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WP.No.26818 of 2015

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11.11.2022

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5/5 https://www.mhc.tn.gov.in/judis

C.L.Spl.110, Veppery Primary v. The Executive Engineer,(O & M)

Case brief

What is this about?

What did the court decide?

C.L.Spl.110, Veppery Primary v. The Executive Engineer,(O & M)

Case brief

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What did the court decide?

What the court decided

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