K.Premkumar v. The Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2022
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P.No.3513 of 2022 Mr.K.Prem Kumar
...Petitioner
Vs.
1. The Managing Director, The Tamil Nadu Electricity Board (TANGEDCO) Head Office, NPKRR Maligai, No.144, Anna Salai, Chennai - 600 002.
2. The Assistant Engineer, Manufacturing and Maintenance (TANGEDCO) Canal Road, Marvadi Thottam, Narasimphapuram, Mylapore, Chennai - 600 004.
3. The Executive Engineer, Operation and Maintenance (O&M) (EE/O&M/Mylapore), No.7, Kodambakkam, Chennai - 600 034.
4. The Assistant Executive Engineer, OXM Santhome, TANGEDCO, No.33/11KV, Foreshore Estate, S.S.Complex, Chennai - 600 028. ...Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the Respondents 2 to consider petitioner representation dated 30.07.2021. For Petitioner : Mr.K.Seetharam For Respondents : Ms.Keerthana Shenoi for Mr.L.Jai Venkatesh Standing Counsel
ORDER
Ms.Keerthana Shenoi, learned counsel for Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with instructions enabling a final disposal of the matter. Hence by consent expressed by both learned counsel, this writ petition is taken up for final dispute even at the stage of admission.
2.The petitioners' father had approached this Court in W.P.No.6073 of 2020 seeking a mandamus directing the the officials of the Tamil Nadu Electricity Board to consider his representation for shifting of transformer, that has been constructed in front of the petitioner's house. 3.The writ petition was disposed with a direction to the petitioner to make an application to the concerned authority in line with the statutory stipulations for the same. If such an application was filed, the respondents were directed to take necessary actions on the application within a period of six weeks.
4.Pursuant thereto the petitioner has filed letter dated 16.03.2021 referring to order of this Court dated 16.03.2021 and undertaking to pay any nominal expenses that may be incurred for such shifting. The demand made by the respondents in response to the letter of the petitioner was of a sum of Rs.4,38,000/-. The petitioner has now rushed to this Court again aggrieved by the estimate of the respondents and offering to pay only Rs.50,000/- and no more.
5.Learned counsel for the respondent has circulated a compilation which contains inter-alia the basis of the estimate for dismantling of the existing transformer and relocation of the same as per request of the petitioner. This does not satisfy the petitioner, who would insist that he is only in a position to pay Rs.50,000/- only.
6.This is not a matter where I can or will intervene as it involves a negotiation between the petitioner and respondents with which the Court is not concerned. One assumes that the estimate furnished by the respondents is in accordance with the statutory mandate in this regard and Ms.Shenoi confirms that it is so. The question of this Court modifying the estimate provided by a statutory authority does not arise as the Court is neither equipped to do so nor inclined to go into the mathematics/factual details involved.
7.What rankles is the grievance expressed by the petitioner to the effect that the transformer has been set up very close to
his residence, in violation of the statutory norms. This aspect of the matter will be looked into by the respondents and a report be placed with the Registry within a period of two weeks from today with a copy supplied to the learned counsel for the petitioner.
8.This writ petition is disposed in the above terms. No costs.
Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar nst/ska To
1. The Managing Director, The Tamil Nadu Electricity Board (TANGEDCO) Head Office, NPKRR Maligai, No.144, Anna Salai,Chennai - 600 002.
2. The Assistant Engineer, Manufacturing and Maintenance (TANGEDCO) Canal Road, Marvadi Thottam, Narasimphapuram, Mylapore, Chennai - 600 004.
3. The Executive Engineer, Operation and Maintenance (O&M) (EE/O&M/Mylapore), No.7, Kodambakkam, Chennai - 600 034.
4. The Assistant Executive Engineer, OXM Santhome, TANGEDCO, No.33/11KV, Foreshore Estate, S.S.Complex, Chennai - 600 028.
Copy To The Section Officer, Writ Section,High Court, Madras 104. Registry is directed to circulate the file with report as in paragraph 7 above, to chamber.
+1cc to Mr.K.Seetharam, Advocate, S.R.No.11921 W.P.No.3513 of 2022 SPD(CO) RGA(22/04/2022)