The High Court dealt with a writ petition challenging the proposed laying of electric poles through a common cart track. The Court directed the electricity authorities to arrange a personal hearing and explore alternate locations within four weeks.
Presence held for parties to alternative solutions or subsequent reasons within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2022
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No.34407 of 2022
Palanivelu
.. Petitioner
Vs.
3.K.P.Nallaiyan
.. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 09.11.2022 seeking not to
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issue any electricity connection by laying electricity pole through the common cart track which is running in S.F.No.15/3, situated at Mandagapalayam Village, Kumaramangalam Post, Tiruchengodu Taluk, Namakkal District and direct the respondents 1 and 2 to erect the electricity poles nearby the 3rd respondent land which is available in S.F.No.16/3H1A1 situated at Mandagapalayam Village, Kumaramangalam Post, Tiruchengodu Taluk, Namakkal District.
For Petitioner .. Mr.N.Umapathy For R1 & R2 .. Mr.L.Jai Venkatesan,
Standing Counsel
ORDER
This writ petition has been filed in the nature of Mandamus to consider the representation dated 09.11.2022, complaining about the laying of Electric Pole through common cart track, which is running in S.F.No.15 / 3, situated at Mandagapalayam Village, Kumaramangalam Post, Tiruchengode Taluk, Namakkal District.
2.The 3rd respondent had applied for electricity connection and to give electricity, electric poles will have to be laid.
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3.The learned Standing Counsel for the 1st and 2nd respondents stated
that the poles are being laid only in the road margin.
4.The petitioner has some objection with respect to the same.
6.With the above observations, this Writ Petition stands disposed of.
22.12.2022
Index:Yes/No Internet:Yes/No smv
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C.V.KARTHIKEYAN,J.
smv
To
W.P.No.34407 of 2022
22.12.2022
2 issues framed by the court
Whether the electricity distribution authority can lay electric poles through a common cart track without addressing the petitioner's objections regarding land use.
Whether the respondents should explore alternate locations for erecting electricity poles to avoid obstructing the common cart track.
1 provisions across 1 enactments
Palanivelu
The Assistant Executive Engineer (North) (O&M), TANGEDCO
The Assistant Engineer (O&M), TANGEDCO
K.P.Nallaiyan
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
