GOVINDARASU Vs. ASSISTANT ENGINEER

JUDGEMENT

(1.) This writ appeal is filed by the appellant, who is a third party to the writ petition filed by one Chinnathampi, who is the second respondent herein, against the order passed in W.P(MD)No.9324 of 2014, dated 15.07.2014.

(2.) In the said writ petition, a Writ of Mandamus was sought for directing the Tamil Nadu Electricity Board, to remove the electricity pole, which was erected in the writ petitioner's patta land, comprised in Survey No.323/5G, within a stipulated time.

(3.) The learned single Judge while passing orders, has rightly mentioned that the appellant herein has not made as a party in the writ petition as the pole sought to be shifted was erected only for the purpose of drawing electricity to the appellant's land. Further, it is stated that earlier, when the electricity pole was erected, both the parties did not have objections and the subsequent misunderstanding between them has led to the filing of the writ petition and directed that there shall be an enquiry by the official respondent and in the event of the electricity pole being shifted, the expenditure would be borne equally by the writ petitioner and the appellant herein.