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2023 Supreme(Online)(MAD) 19814
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.09.2023 CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI WP(MD)No.21893 of 2023 Chellavelu ... Petitioner v.
1.The Superintendent Engineer, Tamil Nadu Electricity Board, Sivagangai – 630 562.
2.The Executive Engineer, Tamil Nadu Electricity Board, Manamadurai – 630 606. 3.The Assistant Engineer, Tamil Nadu Electricity Board, East Thiruppuvanam Office, Sivagangai – 630 611. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to take appropriate action to increase the height of High Tension Electricity Line (HT Line) which is running 8 feet from the earth on top of the petitioner's house in Ward No.5 of Ladanendal Village, Thiruppuvanam Taluk, Sivagangai District, before any untoward incidents happen based on the petitioner's representation dated 16.08.2023, 04.09.2023, within a stipulated time limit.
For Petitioner : Mr.R.Senthilkumar For Respondents : Mr.S.Deenadhayalan, Standing Counsel *****
ORDER
The petitioner is working in a Tea shop. He is having a house in Ward No.5 of Ladanendal Village, Thiruppuvanam Taluk, Sivagangai District. The petitioner, with a grievance that a HT electricity line is running through his property within a distance of 8 feet from the earth on top of the petitioner's house, has submitted a representation that the line is in a dangerous condition and it may cause any accident and requested for increasing the height of the line.
2.Learned Counsel for the petitioner, by referring Rule 80 of the Indian Electricity Rules, submitted that there must be a minimum clearance from the buildings of high voltage lines as follows:-
(a) for high voltage lines upto and including 33,000 volts - 3.7 metres (b) for extra-high voltage lines - 3.7 metres plus 0.3 metre for every additional
33,000 volts or part thereof In this case, the line is passing through the petitioner's house within 8 feet from the ground level, which is against the norms. Therefore, the petitioner has submitted a representation to the respondents and filed this writ petition for a mandamus directing the respondents to take appropriate action to increase the height of the high tension electricity line.
3.Learned Standing Counsel for the respondents Board submitted that the High Tension line is in existence for several years and there is no possibility for increasing the height of the line. He further submitted that this petitioner has constructed the house in such a manner and now raising objections. He further submitted that in the event if the petitioner is making an application by paying a sum of Rs.66,000/-, the line can be deviated to some extent to another place.
4.This Court considered the rival submissions made on either side and perused the available materials.
5.Rule 80 of the Indian Electricity Rules stipulates a condition that the High Tension lines shall be above 3.7 metres. The petitioner claims that the line is within 8 feet from the ground level. Therefore, this writ petition is allowed with a direction to the respondents to take a decision as per Rule 80 of the Indian Electricity Rules within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
Index : Yes / No 27.09.2023 NCC : Yes / No gk B.PUGALENDHI, J.
gk
27.09.2023
