Authorities must consider applications for shifting of electricity poles after affording opportunity to affected parties.

Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 3 and 4 to forthwith shift the electricity lines from the existing electric poles situated in the petitioner’s property comprised in S.F.Nos.161 (Old No.16/2-P) and 162 (Old No.16/1B-P) at Narasothipatti Village, Salem City, to the newly erected poles with the aid of the 5^th respondent and complete the said work within a time frame fixed by this Hon'ble Court.

For Petitioner(s): Mr.R.Nalliyappan For Respondent(s): Mr.I.Syed Sibghatulla for R1 to R4 Mr.V.Meghanathan Government Advocate (Crl. Side)

for R5

ORDER

This writ petition has been filed to direct the respondents 3 and 4 to forthwith shift the electricity lines from the existing electric poles situated in the petitioner’s property comprised in S.F.Nos.161 (Old No.16/2-P) and 162 (Old No.16/1B-P) at Narasothipatti Village, Salem City, to the newly erected poles with the aid of the 5^th respondent and complete the said work within a time frame.

2.The petitioner states that he is the absolute owner of the housing plot properties comprised in S.F.Nos.161 (Old No.16/2-P) and 162 (Old No.16/ 1B-P) at Narasothipatti Village, Salem City. The petitioner is intended to put up construction in the said property. Originally, electric poles and electricity lines were laid across the middle of the petitioner’s property without his consent. Since it causes serious obstruction for construction and effective usage of the property, the petitioner made a representation before the electricity authorities for shifting of electric poles and accordingly, the authorities inspected the property and directed the petitioner to remit a sum of Rs.1,58,160/- towards shifting charges, which was duly paid by the petitioner on 09.04.2025. However, the 6^th respondent has been causing obstruction for shifting of electric poles on the ground that the electricity lines would pass the public pathway in S.F.No.149. However, it is the contention of the petitioner that the 6^th respondent has already been granted pathway rights by the petitioner by a registered document dated 10.03.2004 and that the 6^th respondent had agreed for erection of electric poles. However, based on the said objection of the 6^th respondent, the respondent authorities could not undertake the work on 07.04.2026. Hence, the petitioner has come forward with the present writ petition.

3.Learned counsel for the petitioner would submit that, despite payment of requisite charges, the respondent electricity authorities are not proceeding with the work of shifting of electric poles only based on the objection of the 6^th respondent and therefore, prays for appropriate orders.

4.Mr.I.Syed Sibghatulla, learned counsel who takes notice for the respondents 1 to 4 (TANGEDCO), would submit that the 3^rd respondent will consider the petitioner’s case and take appropriate action within a period of six weeks, after affording an opportunity to the 6^th respondent. Mr.V.Meghanathan, learned Government Advocate (Crl. Side) takes notice for the 5^th respondent.

5.In view of the submissions made by the learned counsel on either side, this Court directs the 3^rd respondent to consider the petitioner’s case, after affording an opportunity to the 6^th respondent, in accordance with law, and take appropriate action, within a period of six weeks from the date of receipt of a copy of this order. Since no adverse orders are passed, notice to the 6^th respondent is dispensed with.