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Madras High CourtWP/4119/2024disposed of

Dr.A.E.Chelliah v. The Commissioner

2024-03-11Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU and W.M.P. No. 4544 of 2024 A.E.Chelliah ... Petitioner -vs1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600003.

2. The Commissioner, HR&CE, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

3. The Executive Engineer, ELECTRICAL, Greater Chennai Corporation, Zone - 8, Anna Nagar, Office at, Shenoy Nagar, Chennai - 600010.

4. The Asst. Engineer, Office of the Executive Engineer, Greater Chennai Corporation, Zone - 8, Anna Nagar, Office at, Shenoy Nagar, Chennai - 600010.

5. The Executive Officer, HR&CE, Arulmighu Ma Kaliamman and Sithi Vinayagar Temples, 3rd Main Road, Anna Nagar, Chennai - 600040.

...

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Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondents, not to disturb the Electricity box, now erected at the end of the Petitioners house at A.B. 147, III Main Road, Anna Nagar, Chennai - 600040, without following Law and Procedure.

For Petitioner :

Mr. A.E.Chelliah (Party-in-Person) For Respondents :

Mr. E.C.Ramesh (for R1, R3 & R4) Mr. K.Karthikeyan Government Advocate (for R2 & R5)

O R D E R

Heard Mr. A.E.Chelliah Mohamed, who has appeared Party-in-Person, Mr. E.C.Ramesh, Learned Counsel appearing for the First, Third and Fourth Respondents, Mr. K.Karthikeyan, Learned Government Advocate appearing for the Second and Fifth Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the Respondent not to disturb the electricity box erected at the end of the house of the Petitioner at Door No. A.B. 147, III Main Road, Anna Nagar, Chennai - 600040. 2/6

3.

In response, the Fourth Respondent has filed Status Report dated 28.02.2024 stating as follows:- "8.

It is submitted that, the Greater Chennai corporation assures that the said electrical box will not be placed near the house of the petitioner and we are actively taking necessary steps to ensure the safety of the temple goers and the common public. It is further submitted that, if in case in near future if there is a necessary to shift the Electricity box, the Greater Chennai Corporation undertakes before this Hon'ble Court that the Electricity box will neither be shifted near to the Petitioner's house nor near to the temple premises and the same will be erected in a suitable place where it will cause no disturbance to the petitioner, the devotees of the temple and to the general public as a whole, as the Greater Chennai Corporation works only for the welfare of the public and its safety."

In view of the aforesaid submissions made, nothing remains for further consideration in this Writ Petition.

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In the result, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs.

11.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.04.2024.

pal To

1. The Commissioner, Greater Chennai Corporation, Rippon Buildings, Chennai - 600003.

2. The Commissioner, HR&CE, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600034.

3. The Executive Engineer, ELECTRICAL, Greater Chennai Corporation, Zone - 8, Anna Nagar, Office at, Shenoy Nagar, Chennai - 600010.

4. The Asst. Engineer, Office of the Executive Engineer, Greater Chennai Corporation, Zone - 8, Anna Nagar, Office at, Shenoy Nagar, Chennai - 600010.

5. The Executive Officer, HR&CE, Arulmighu Ma Kaliamman and Sithi Vinayagar Temples, 4/6

3rd Main Road, Anna Nagar, Chennai - 600040.

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P.D. AUDIKESAVALU, J.

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