JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to forbear the respondents 1, 2 and 4 from drawing high tension electricity power line across the petitioner's house property situated at Plot No.22 comprised in Survey No.169/19 at Pallapatti Village, Dindigul District.

1. This Writ Petition has been filed in the nature of a Mandamus seeking to forbear the first, second and fourth respondents from drawing high tension electricity power line across the petitioner's house property situated at Plot No.22 in Survey No.169/16 at Pallapatti Village, Dindigul District.

2. In the affidavit filed in support of the Writ Petition, the petitioner, C.George Prabhakar, stated that he and his wife had purchased a housing plot measuring 780 sq.ft., in Plot No.22 in Survey No.169/16 at Pallapatti Village, Dindigul District, by a registered sale deed vide Doc.No.2896/2008 registered in the office of the Joint Sub Registrar, Dindigul on 28.05.2008. Patta had been issued and he is also paying property tax. He had also applied for building plan permission with the Panchayat President, Pallapatti Panchayat. Permission was also granted to construct a residential building measuring 584 sq.ft. He had also constructed the residential building. There is an open space to an extent of 186 sq.ft., in front of the house. He had rented out a portion in the ground floor to run a clinic, namely, “Sam Clinic”.

3. A high tension electricity line was running on the back side of the house. It is alleged that the said high tension electricity line is being shifted from the back side to the front side of the house. It is claimed that this was done by the fourth respondent, who proposed to draw high tension power line between two electric poles erected on the two sides of the house. The petitioner claims that he had left open the space length about 9 feet and the width of the road situated in front of the house is 25 feet. He further claimed that the fourth respondent had erected the poles 5 feet away from the road.

4. It is claimed that if the high tension electricity line is drawn between the two electric poles, it will run over the property of the petitioner. The petitioner gave a representation on 29.11.2021. Since no action had been taken, the present Writ Petition had been filed seeking the relief as stated above.

5. A counter affidavit had been filed by the fourth respondent/Assistant Engineer (Operation and Maintenance), TANGEDCO, Kamatchipuram, Dindigul District, wherein, it had been claimed that electric poles were laid at the road margin to deviate the existing 22 KV Industrial Feeder Line fed from 110/22 KV Angunagar SS at S.F.No.169/34, Kottapatty of Pallapatty Village Panchayat to comply with an application, dated 12.08.2021, forwarded by one D.Sarvanaprakash, who had also paid the required fees and had also accepted to pay the Deposit Contribution Work (DCW).

6. It had been stated that spot inspection was also made. The estimate was also prepared and sanction was obtained from higher officials to deviate the route from the patta land of that applicant into Kottapatty Road side without affecting any consumers including the pedestrian and public.

7. It had been further stated that when the pole was erected, the petitioner raised an objection. It has been stated that the superstructure building of the petitioner is inside their land, but the petitioner had constructed a colling shed encroaching the road side. It had been asserted that the poles have not been erected in the land of the petitioner. The petitioner also sought a surveyor to measure his land. It had been stated that the surveyor found that the poles were laid at the road margin and not in the lands of the petitioner. It had been stated that D.Saravanaprakash, should have also been impleaded as a party to the Writ Petition. It had been urged that the Writ Petition should be dismissed.

8. Heard arguments advanced by Mr.T.Lenin Kumar, l