1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2011 CORAM THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD)No.8932 of 2011 and M.P.(MD)Nos.1 and 2 of 2011 K.K.G.Muthiah ... Petitioner Vs 1.The Tamilnadu Electricity Board, Rep. by its Chairman, Anna Salai,Chennai - 600 002. 2.The Chief Engineer, Office of the Chief Engineer, Distribution, Tamilnadu Electricity Board, Karur. 3.The Superintending Engineer, Distribution, Tamilnadu Electricity Board, Karur. 4.The Executive Engineer, Distribution, Tamilnadu Electricity Board, Karur. 5.The Assistant Divisional Engineer, Operation and Maintenance, Tamilnadu Electricity Board, Chinthamanipatti, Karur. ... Respondents PRAYER : Writ petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Ceriorarified Mandamus calling for the records of the fifth respondent in his letter bearing proceedings K.No: u.cha. po /e.ka/ che.patti/va.aa/koh-10/a No.215/2011 dated 02.08.2011 and quash the same and forbear the respondents from erecting a transformer in the lands measuring hectare 1.11.5 in Survey No.406/2 in Kilapakuthi Village, Kadavur Taluk, Karur and direct them to shift the same to any other place. For Petitioner : Mr.S.Subbaharan For Respondents: Mr.SMS.Johny Basha O R D E R The petitioner has come up with the above writ petition challenging a communication issued by the fifth respondent refusing to shift the transformer. 2. Heard Mr.S.Subbbaharan, learned Counsel for the petitioner and Mr.SMS.Johny Basha, learned counsel for the respondents. 3. The grievance of the petitioner is that he is the owner of the land in paimash No.445, Kilapakuthi Village, Kulithalai Taluk, Kadavur Zamin, Trichy District and that in the said land the https://hcservices.ecourts.gov.in/hcservices/ 2 respondents have erected a transformer, unmindful of a market going on. 4. But the respondents have filed a counter affidavit stating that the land does not belong to the petitioner. The respondents have also produced the village A-Register and the Chitta Adangal indicating that the land in question is classified as shandy poromboke. 5. Once the very ownership of a land is disputed, the petitioner cannot seek the relocation or shifting of the transformer, without first establishing his title to the property. As a matter of fact paimash numbers have gone long before, replaced by resurvey numbers. Obviously the petitioner has not obtained correlation of the paimash number with the resurvey number also. Therefore this Writ petition is dismissed. However, it is open to the petitioner to work out his rights before the civil Court in respect of the title to the property and thereafter renew his request. No Costs. consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To 1. The Chairman, The Tamilnadu Electricity Board, Anna Salai, Chennai - 600 002. 2.The Chief Engineer, Office of the Chief Engineer, Distribution, Tamilnadu Electricity Board, Karur. 3.The Superintending Engineer, Distribution, Tamilnadu Electricity Board, Karur. 4.The Executive Engineer, Distribution, Tamilnadu Electricity Board, Karur. 5.The Assistant Divisional Engineer, Operation and Maintenance, Tamilnadu Electricity Board, Chinthamanipatti, Karur. +1cc to Mr.S.M.S.Johnny Basha, Advocate, Sr.No.40963 W.P.(MD)No.8932 of 2011 16.11.2011 pm SMA/02.12.2011/7C/2P https://hcservices.ecourts.gov.in/hcservices/