Agriculturist sought removal of 12 electricity poles erected by TANGEDCO on his agricultural lands without permission. The Court directed the second respondent to consider his representations on merits, in line with the peace committee meeting held on 25.03.2025, after hearing interested persons, within eight weeks.
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W.P.(MD)No.9104 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 03.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.9104 of 2025 and
WMP (MD) No.6801 of 2025
G.Muthukumar
: Petitioner
Vs.
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondents 2 to 4 to remove the all 12 poles erected on the petitioners agricultural lands in
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Survey Nos. 51/1, 52/3A, 52/3B, 52/6, 52/7, 52/8, 52/9, 52/10, 53/1A, 53/1B, 54/2 (totally 2.7.00 hectares) situated at Idaiyar village, Aranthangi Taluk, Pudukkottai district based on the petitioner's representations dated 06.08.2024 and 23.03.2025.
For Petitioner : Mr.D.Muruganantham For Respondents : Mr.K.S.Selvaganesan
Addl. Government Pleader for R1 Mr.S.Deenadhayalan Standing Counsel for R2 to R4
O R D E R
This Writ Petition has been filed seeking a direction to the
respondents 2 to 4 to remove all 12 electric poles erected on the
petitioner's agricultural lands in Survey Nos. 51/1, 52/3A, 52/3B, 52/6, 52/7, 52/8, 52/9, 52/10, 53/1A, 53/1B, 54/2 (totally 2.7.00 hectares) situated at Idaiyar village, Aranthangi Taluk, Pudukkottai district, based on his representations dated 06.08.2024 and 23.03.2025.
both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
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W.P.(MD)No.9104 of 2025
of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
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6. With the above direction, the Writ Petition stands
disposed of. There shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.
03.04.2025
Index : Yes / No Internet : Yes / No PKN
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To
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W.P.(MD)No.9104 of 2025
VIVEK KUMAR SINGH, J.
PKN
W.P.(MD) No.9104 of 2025
03.04.2025
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1 issue framed by the court
Whether the Superintending Engineer, TANGEDCO must consider the petitioner's representations for removal of 12 electric poles from his agricultural land.
1 provisions across 1 enactments
G.Muthukumar
The District Collector, Pudukkottai District, Pudukkottai
The Superintending Engineer, Electricity Distribution Circle, TANGEDCO, Pudukkottai
The Assistant Executive Engineer (Operation and Maintenance), TANGEDCO, Aranthangi, Pudukkottai District
The Assistant Engineer (Operation and Maintenance), TANGEDCO, Aranthangi, Pudukkottai District
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
