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Judgment
M. Jaichandren, J.—This writ petition has been filed challenging the communication issued by
second Respondent, dated 08.05.2007, asking the Petitioner to pay the expenses for the shifting of the electricity pole erected outside the
Petitioner''s marriage hall, bearing Door No. 25/2, Singara Thoppu Street, Tiruchirapalli.
Heard Mr. G.R. Swaminathan, the learned Counsel appearing on behalf of the Petitioner, Mr. M. Suresh Kumar, the learned Counsel appearing
on behalf of the rpondents 1 to 3.
The main contention of the learned Counsel appearing on behalf of the Petitioner is that the electricity pole had been erected by the Respondent
Tamil Nadu Electricity Board, in spite of the fact that the pathway, where the said pole had been erected, belongs to the Petitioner. It is not in
dispute that a civil suit is pending on the file of the III Additional District Munsif Court, Tiruchirapalli, in O.S. No. 1181 of 2006, wherein the issue
as to whether the pathway belongs to the Petitioner, exclusively, is under consideration.
Even though the learned Counsel appearing on behalf of the Petitioner had submitted that there is an interim order of injunction passed in I.A.
No. 422 of 2006, in the said suit, this Court does not find sufficient cause or reason to grant the reliefs, as prayed for by the Petitioner in the
present writ petition. If the Petitioner wants the electricity pole erected in the pathway to be shifted, he shall pay the expenses for such shifting, as
determined by the first Respondent. However, it would be open to the Petitioner to establish his rights, in respect of the said pathway, in the suit, in
O.S. No. 1181 of 2006, pending on the file of the III Additional District Munsif Court, Tiruchirapalli.
Accordingly, the writ petition stands dismissed. No costs.