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2025 Supreme(Online)(Mad) 77666

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Dhandapani, J
Srinivasan – Appellant
Versus
The Deputy Chief Engineer – Respondent
W.P.No.24369 of 2022



Advocates:
For the Appellant: M/s.P.Mahalakshmi
For the Respondents: Mr.L.Jaivenkatesh

The court mandates timely response to a petitioner's representation concerning safety and access related to public infrastructure.

Headnote:This Writ Petition seeks a Mandamus under Article 226 of the Constitution of India to direct the respondents to consider the petitioner's representation dated 28.07.2022, concerning the installation of electric poles. The petitioner, an owner of property impacted by proposed electric pole installations, alleges that such installations infringe on public safety and property access. The court orders the respondents to adjudicate the petitioner's representation swiftly, upholding procedural fairness. As such, the representation shall be disposed of within four weeks.

Table of Content
1. arguments surrounding safety, access, and procedural fairness in responses to representations. (Para 4)

For petitioner : M/s.P.Mahalakshmi For respondents : Mr.L.Jaivenkatesh ORDER The petitioner has filed the present Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation, dated 28.07.2022 and thereby, for a consequential direction to the respondents not to install the electric post in the South side across the public road at Perumal Koil Street, New Gummidipoondi Village.

2. The facts in brief, are as follows:

(a) The petitioner is the owner of the property at 2/46, Perumal Koil Street, New Gummidipoondi Village, Gummidipoondi Taluk in Survey No.382, wherein he is residing and parking his own vehicles used for his business activities. The petitioner's house is situated on the South side of the road with Road Survey No.384, measuring 0.23.0 hectare, acre 0.57 cent land in front of the petitioner's house and sewerage and drainage channel in passing through on the Southern side of the road the electricity line and electric poles are located on the North side of the road.

(b) Originally, there was a gap of about 30 feet between the road margin and the entrance to the petitioner's property and at that point of time, the sewerage channel was constructed. The Northern side of the road 25 feet away from the petitioner's property a transformer and the electricity pole were located, whereas, the Northern side of the said Road was encroached by few persons by building a compound wall on the Road along with Electricity Board transformer, thereby encroaching the public road of about 10 feet.

(c) The Government have given contract to lay of Thar road to the said locality, but due to the said encroachment, they are able to lay road only to a width of 15 feet, thereby causing obstruction and convenience to the vehicles to pass through the said road due to the encroachments on the road.

(d) The request made by the road contractors to remove the encroachment was not taken up into consideration and no proper road to the full extent of 25 feet could not be layed and therefore, on behalf of the public and other residents of new Gummidipoondi Village, a suit was filed in O.S.No.4 of 2022 on the Gummidipooni District Munsif Court, to remove the encroachment in the public road by one Vijayakumar, by building a compound wall, enclosing the E.B. transformer.

(e) As per the provisions and Rules, the power supply is through the electricity lines through electricity poles installed on the Northern side of the road, whereas, the respondents at the instigation of the one Mr.Vijayakumar being a influential person in the locality in violation of the provisions and Rules, instead of letting them put electricity poles and power lines on the North side, have laid underground cables near his residence alone, deviating all norms and rules in favour of the said Vijayakumar, which act of the respondents, is illegal and unsafe, causing great prejudice and hindrance to the other residents and general public passing through the said on the road. Due to digging of a ditch in the middle of the road and laying cable wire carrying electricity through it, is unsafe and more further, the condition of the 30 feet road would shrink to 15 feet due to 10 feet encroachment and 5 feet sewerage channel.

(f) Recently, the said cable wire got on fire and there was a leakage through it and the authorities now repaired the cable lines howsoever instead of bringing the power line through the electric post on North side of the road, they have chosen to put the pole on the South side of the road deviating the original electrict post poles across the road in "V" shaped in front of the petitioner's house. The petitioner and other residents have made their objections and complaints to bring the electric line across the road from its usual North side to South side, forming a "V" shape.

(g) When all the electr

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