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15. Inviting attention of this Court to the width of the common pathway in Survey No.314/3C, as 4.4 Metre as per the Field Measurement Sketch, a copy of which is enclosed at page 30 of the typed set of papers, and the right of the petitioner to make use of his 1/3rd share in Survey No.314/3C, a common pathway, along with respondents 3 and 4, Mr.N.Subramaniyan, learned counsel for the petitioner further submitted that the objections of the respondents 3 and 4 are purely motivated, with an intention to deny electricity service connection, to the writ petitioner. In this context, he also submitted that when the width of the electricity pole to be erected at the site is only 8 inches, erection of posts in Survey No.314/3C, in the common pathway, would not, by any stretch of imagination, affect the ingress and egress of the respondents 3 and 4 or the carriers, used for transportation.

23. On the basis of the grounds raised in the Writ Appeal No.1619 of 2013, Mr.Naveen Kumar Murthi, learned counsel for the respondents 3 and 4 submitted that if electric poles are to be erected in Survey No.314/3C, which is a common pathway, there would be reduction in the width of the common pathway and in such circumstances, no carrier, including an ambulance or fire engine, in case of emergency could be operated. Even a bullock cart or any other mode of transport cannot enter into the said pathway, and as a result, it would affect the ingress and egress of the respondents 3 and 4. However, learned counsel for the respondents 3 and 4, submitted that his clients have no objection for the petitioner being provided with electricity service connection, but the only objection of the respondents 3 and 4 is the manner, in which, it is now sought to be provided, cutting across the common pathway. Submissions of the learned counsel for the respondents 3 and 4 is placed on record.

69. Reverting back to the case on hand, perusal of the copy of the Field Measurement Book, stated supra, makes it clear that the land in Survey No.314/3C is a common pathway, which is duly certificed by the Village Administrative Officer, Village 90, PeriyaManali Village, Tiruchengode, Namakkal District, FMB Sketch and sale deeds. The width of the common pathway in Survey No.314/3C, is stated to be 4.4 Metres and the width of the electricity pole to be erected at the site is 8 inches. Learned counsel appearing for the Electricity Board has not disputed the same.

73. The petitioner has a right in the common pathway. He is also aware that the common pathway has to be used by all the land owners, including himself. The contingency of an ambulance or a fire engine, operating in the common pathway, arises only when there is an untoward incident, if any, in future. Installation of '8' Inches pole is not going to materially alter the width of the common pathway. On the facts and circumstances of the case, the petitioner and his family members are living in darkness from 2011 onwards. On the contra, respondents 3 and 4 are more interested in having access to take their agricultural produce. When the petitioner craves for supply of electricity for living, the respondents have projected a case, as if their ingress to egress to their property would be restricted. In the light of the statutory provisions, decisions and discussion, the objections made by respondents 3 and 4 are motivated, untenable and overruled. By erecting a pole with a width of 8 inches, the ingress and egress of the respondents, would never be restricted.