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Madras High CourtWP/1641/2024dismissed

S.Jaganathan v. State Rep By,

2025-11-19Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2025

CORAM:

THE HON'BLE MR. JUSTICE M. DHANDAPANI and W.M.P. No.1678 of 2024 S.Jaganathan Petitioner Vs

1. State Rep by, The Chairman, Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), No. 144, Anna Salai, Chennai - 600 002.

2.Tamil Nadu Electricity Ombudsman, 4th Floor, Sidco Corporate Office Building, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai - 600 032.

3.The Executive Engineer, TANGEDCO, Perundurai, Erode District - 638 053.

4.The Assistant Executive Engineer, TANGEDCO, Perundurai, Erode District - 638 053.

5.The Assistant Electrical Engineer, TANGEDCO, Perundurai, Erode District - 638 053.

Respondents 1/6

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Certiorarified Mandamus, calling for the records relating to the order of the 2nd respondent in Appeal No.75 of 2023, dated 19.12.2023 and to quash the same and directing the 3rd respondent to shift the Transformer to some other place within stipulated period. For petitioner : Mr.V.P. Sengottuvel Senior Counsel for Mr.K.R. Nishanth For respondents : Mr. Syed Sibghatulla Standing Counsel

ORDER

The present writ petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to quash the order dated 19.12.2023 passed by the 2nd Respondent in Appeal No.75 of 2023 and issue consequential direction to the 3rd respondent to shift the high voltage transformer to some other place.

2. Short facts :- a) The petitioner is the absolute owner of the property bearing No.522/4, Pethampalayam Road, Perundurai, Erode District. It is the case of the petitioner that a high voltage transformer has been erected just in front of his property, allegedly without following due procedure, thereby causing hindrance as well as failed to take note of safety concerns as he proposed to construct shops in the front portion.

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b) Aggrieved by the erection of the transformer, the petitioner made a representation to the Hon'ble Chief Minister's Cell on 11.05.2023, which was forwarded to the 3rd respondent for enquiry. After enquiry, the 3rd respondent rejected the petitioner's request. Challenging the same, the petitioner preferred an appeal before the 2nd respondent, which also came to be dismissed by order dated 19.12.2023 in Appeal No.75 of 2023. Challenging the said order, the present writ petition has been filed.

3. Learned Senior Counsel appearing for the petitioner submitted that the high voltage transformer has been erected abutting the petitioner's compound wall and adversely affects the petitioner's enjoyment of the property. In view of the above, he vehemently argued that the rejection orders passed by the 3rd respondent as well as the 2nd respondent, which are impugned herein are arbitrary and unsustainable, warranting interference by this Court.

4. Per contra, learned Standing Counsel appearing for the respondents submitted that the transformer has been erected strictly in accordance with the TANGEDCO (Safety and Electric Supply) Regulations, 2010. Reiterating the averments in the counter affidavit, he submitted that the transformer is situated on Government poramboke land belonging to the Highways Department after obtaining due permission. Further, he drew the attention of this Court to the specific lines that a clear distance of about 7 feet is maintained between the 3/6

petitioner's property and the transformer and that a canal runs in between, thereby ensuring that the petitioner's ingress and egress are in no manner affected.

5. Learned Standing Counsel further contended that there is no other suitable place available for shifting the transformer and that it has been erected at a corner location without causing any hindrance to the general public. He also pointed out that the petitioner's grievance has already been examined by the Consumer Grievance Redressal Forum and thereafter by the Electricity Ombudsman, both of them have rejected the petitioner's claim after factual verification. In the absence of any violation of statutory provisions, the writ petition is devoid of merits and prayed for its dismissal.

6. This Court has carefully considered the submissions made by learned counsel on either side and perused the materials available on record.

7. It is not in dispute that the petitioner is the owner of the subject property. Aggrieved by the erection of a high voltage transformer in front of the petitioner's property, he made representations to the authorities concerned. Further, it is clear from the aforesaid submissions that the transformer has been erected on Highways Department land and not on the petitioner's property. It is also evident that a canal exists between the petitioner's property and the transformer and that sufficient safety distance, as prescribed under Rule 61 of 4/6

the TANGEDCO (Safety and Electric Supply) Regulations, 2010, has been maintained.

8. Moreso, it reveals that the grievance of the petitioner has already been examined by the competent authorities, namely the Consumer Grievance Redressal Forum and the Electricity Ombudsman, who are fact-finding authorities, and both have concurrently held that the erection of the transformer is in accordance with the statutory rules and safety norms. This Court finds no perversity or arbitrariness in the impugned order warranting interference under Article 226 of the Constitution of India.

9. The issue relating to the location and shifting of the transformer is a technical and administrative matter, and in the absence of any violation of statutory provisions or infringement of legal rights, this Court is not inclined to interfere with the concurrent findings of the authorities.

10. For the reasons aforesaid, the writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed. 19.11.2025 Index:Yes/No Speaking/Non-speaking order vsi2 5/6

M.DHANDAPANI, J.

vsi2 To

1. The Chairman, Tamil Nadu Generation and Distribution Corporation Limited(TANGEDCO), No. 144, Anna Salai, Chennai - 600 002.

2.Tamil Nadu Electricity Ombudsman, 4th Floor, Sidco Corporate Office Building, Thiru.Vi.Ka. Industrial Estate, Guindy, Chennai - 600 032.

3.The Executive Engineer, TANGEDCO, Perundurai, Erode District - 638053.

4.The Assistant Executive Engineer, TANGEDCO, Perundurai, Erode District - 638 053.

5.The Assistant Electrical Engineer, TANGEDCO, Perundurai, Erode District - 638 053.

and W.M.P. No.1678 of 2024 19.11.2025 6/6