IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28 / 06 / 2011 CORAM: THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NO.11314 OF 2009 AND M.P.NO.1 OF 2009 The Assistant Engineer Sub-Station Tamil Nadu Electricity Board Thittakudi, Cuddalore District. ... Petitioner Versus 1. The Sub-Divisional Magistrate cum Revenue Divisional Officer Vridhachalam, Cuddalore District 2. Executive Officer Thittakudi Town Panchayat Cuddalore District. ... Respondents PRAYER: Writ Petition came to be numbered under Article 226 of the Constitution of India praying for the issuance of Writ of Certiorari, to call for the records of the 1st respondent in Na.Ka.No.A5-237-08 dated 25.02.2009 and quash the same. For Petitioner : Mr.P.Srinivas For Respondents: Mr.R.Ravichandran Additional Government Pleader O R D E R The petitioner is the Assistant Engineer of the Thittakudi Sub Station, Tamil Nadu Electricity Board. He has come forward to challenge the order dated 25.02.2009 passed by the first respondent Sub Divisional Magistrate cum Revenue Divisional Officer, Vridhachalam. By the impugned order, the first respondent Executive Magistrate directed the petitioner to realign the overhead wires from going above the houses of Mr.Pitchipillai S/o.Murugan and five other persons residing in Koliyur Village, Thittakudi Taluk. 2.The writ petition is yet to be admitted. A perusal of the impugned order shows that the residents of Koliyur Village, informed https://hcservices.ecourts.gov.in/hcservices/ the petitioner and the District Collector about the dangerous position, in which the overhead wires are going and the perilous condition, under which the people are living in the Village. When the District Collector forwarded the said complaint, the Executive Engineer, Vridhachalam informed one of the complainants that if they want relocating of the electric wires, they should pay some amount. 3.In the meanwhile, the Executive Officer of the Thittakudi Town Panchayat, the second respondent herein, informed the petitioner that in Thiruvalluvar Nagar in Koliyur Village, the electric wires were more often providing sparks and there is a danger of the thatched roofs being burn and therefore, he requested the petitioner to relocate the electric poles. The Executive Officer has also paid necessary charges for the same. Thereafter, the petitioner estimated the amount for relocation of electric wires at Rs.38,255/-. The Revenue Divisional Officer, Vridhachalam, the first respondent herein, informed the petitioner and the Executive Officer of the Thittakudi Town Panchayat that all the people in the said Village were given free house site pattas in the year 1965 and during 1972, the electric poles were erected and the street lights were set up. But since the overhead wires are going above the thatched houses, it is a dangerous of a friction between the electric wires, great damages may be caused to the houses, including loss of lives and therefore, he directed the officers to appear for an enquiry on 14.11.2008. In that meeting, it was decided that out of the expenditure, a sum of Rs.10,000/- will have be paid by the Town Panchayat and the balance will have to be paid by the petitioner. Pursuant to the decision, a sum of Rs.10,000/- was forwarded by way of cheque, by the Executive Officer, Thittakudi Town Panchayat, the second respondent herein. Since the balance amounts were not paid, it was informed that the Tamil Nadu Electricity Board will not undertake to relocate the electric wires. It is only under the circumstances, the first respondent Executive Magistrate invoked the powers under Section 133(1) Cr.P.C., and by an order dated 25.02.2009, directed the petitioner to relocate the overhead wires, within 15 days and report the same. 4.On receipt of the order dated 25.02.2009 of the first respondent, the Executive Engineer sent a letter to the first respondent stating that unless the balance amounts were paid, further action cannot be initiated. In the further letter dated 07.03.2009, the Executive Engineer informed the Headquarters that the electric wiring with 3 wires were given over the five houses and those houses were constructed only after the laying of the wires. But however, for reasons best known, without implementing the order of the Executive Magistrate, the writ petition came to be filed by the officials of the Tamil Nadu Electricity Board. https://hcservices.ecourts.gov.in/hcservices/ 5.It is rather unfortunate that when an Executive Magistrate on finding that there was nuisance caused to the people, invoked the powers under Section 133(1) Cr.PC. The petitioner, instead of complying with the same, has rushed to this Court. Under Section 133(1) Cr.P.C., an Executive Magistrate can pass a conditional order requiring the person causing the nuisance to be removed within the time fixed by the order and if the person, whom so ordered if appears and does not show cause, he can also make the order absolute. 6.In the present case, the petitioner Tamil Nadu Electricity Board is taking an irresponsible stand of asking the local people to pay the charges for relocating the overhead wires. When the nuisance is noticed, it is for the Board to immediately remove the nuisance and to report compliance to the Executive Magistrate. A perusal of the correspondence shows that the petitioner Board has no intention to comply with the order and they were simply indulging in long correspondences. In fact, the Town Panchayat has agreed to pay a portion of the amount and when the said amount has also been paid on their own, rather than waiting eternally for the entire amount to be paid, as if it is a dispute between private parties, in the present case, the petitioner was directed to remove the nuisance within a time frame, by an executive order of the Magistrate and that they need not wait for the party concerned to pay the entire amount. If such a nuisance is not removed within the time frame as noticed by the Executive Magistrate, it can result in grave accident causing, not only damages to the properties, but also to human lives. 7.This Court is not inclined to interfere with the order passed by the first respondent Executive Magistrate and hence, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar TK To 1.The Sub-Divisional Magistrate cum Revenue Divisional Officer Vridhachalam, Cuddalore District https://hcservices.ecourts.gov.in/hcservices/ 2. Executive Officer Thittakudi Town Panchayat Cuddalore District. 1 cc To Mr.P.Srinivas, Advocate, SR.38193 ORDER MADE IN W.P.NO.11314 OF 2009 MS (CO) RH (11.7.11) https://hcservices.ecourts.gov.in/hcservices/