O R D E R

The Writ of Mandamus has been instituted to direct the Respondents to consider the Petitoner's representation dated 5.10.2020 to direct the 4th respondent to remove the electric wires from the present place and to rewire the electric connection on the boundaries of survey No 235/1 or on adjacent poromboke land in order to give electric service connection for the Kothanda Ramar Temple Korakottai Village, Kizhanamandi Post, Vandavasi Taluk Tiruvannamalai District and to compensate the petitioner.

2. The petitioner is the owner of the lands measuring 0.67.5 Ares –

1.67 Acres 0.41¾ cents, comprised in Survey No.23/1, Patta No.713 in Korakottai Village, Kizhanamandi Post, Vandavasi Taluk, Thiruvannamalai District. FMK of Survey No.235/1 is filed. Electricity service connection No.103 for 3 HP motor has been allotted for the said land. Water for irrigation for the adjacent land is procured through 3 HP electric connection. While so, without the knowledge of the petitioner, the 1st respondent Board has taken electricity service connection to the Perumal Temple. The electricity wires have been routed through the patta lands belongs to the petitioner by installing an electric pole, through which electricity supplied to the Kothanda Ramar Temple Korakottai Village, Kizhanamandi Post, Vandavasi Taluk Tiruvannamalai District.

3. The petitioner is living in another village away from his land and without his permission, the 4th respondent has cut down number of fruit bearing mango trees, which were existed there for the past 40 years and damaging the crops. To establish the same, the petitioner has filed photographs. The petitioner sent representation dated 05.10.2020 through a registered post. Since no action has been taken, the present Writ Petition came to be instituted. Though the learned Standing Counsel takes notice on behalf of the respondents on 25.02.2021, they have not chosen to file counter for the past about 3 years.

4. The complaint of the petitioner is that electric wires have routed through his patta lands by installing electric pole without the permission of the petitioner. In such circumstances, to install electric pole and to route the electric wires, the Board is expected to obtain permission from the land owners. Entering any patta land without any permission or consent amount to trespass.

5. Undoubtedly, providing electricity is an essential service and in the event of non-availability of any alternate route, the Board shall provide connection by routing electric wires through patta lands. In the present case, there is no such indication. Therefore, the respondents are directed to conduct inspection of the subject property and in the event of availability of an alternate route, they may provide electric service connection through alternate route to the temple by collecting necessary costs from the petitioner and the Temple to which electric service connection has been provided. The said exercise is directed to be completed within a period of

12 weeks from the date of receipt of a copy of this order.

6. Accordingly, the Writ Petition stands allowed. No costs.

08.02.2024 skr Index : Yes Speaking order Neutral Citation : Yes To

1. The Chairman and Managing Director Tamil Nadu, Generation and Distribution Corporation Limited, 10th Floor NPKRR Maaligai, 144 Anna salai, Chennai- 2.

2. The Chief Engineer Personnel, Tamil Nadu Generation and Distribution Corporation Limitied, 10th Floor NPKRR Maaligai, 144 Anna salai, Chennai- 2.

3. The Superintending Engnner Tamil nadu Generation and Distribution Corporation Ltd, Tiruvannamalai.

4. The Junior Enginner, Operation and maintenance, Tamil nadu Electricity Generation and Distribution Corporation, Tindivanam Road, Thellar- 604 406, Tiruvannamalai District.

S.M.SUBRAMANIAM, J.

skr

08.02.2024