← Library
Madras High CourtWP/2080/2018disposed of

R.Periyasamy v. Executive Engineer

2018-02-01Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.2080 of 2018 R.Periyasamy .. Petitioner Vs.

1.

Executive Engineer Tamil Nadu Electricity Generation and Distribution Division (North) Thiruvottiyur High Road, Tondiarpet, Chennai-600 021.

2.

Assistant Engineer Tamil Nadu Electricity Generation and Distribution Division (North) Thiruvottiyur High Road, Tondiarpet, Chennai-600 021.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents from installing the R.M.U. Transformer in front of the petitioner's house at No.6/77, Apparswamy Koil Street, Thiruvotriyur, Chennai-600 019 blocking the entry to his house. For Petitioner : Mr.R.Rajaram For Respondents : Mr.P.R.Dilip Kumar standing counsel

O R D E R

Mr.P.R.Dilipkumar, learned standing counsel takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus forbearing the respondents from installing the R.M.U. Transformer in front of the petitioner's house situated at No.6/77, Apparswamy Koil Street, Thiruvotriyur, Chennai-600 019.

3. The grievance of the petitioner before this Court is that such construction of R.M.U. Transformer would obstruct the petitioner's ingress and egress to his property, namely, the house situated at No.6/77, Apparswamy Koil Street, https://hcservices.ecourts.gov.in/hcservices/

Thiruvotriyur, Chennai-600 019.

4. On the other hand, the learned standing counsel for the respondents, based on instructions, submitted that the old transformer, which is bigger than the new R.M.U. transformer is located in the very same place and is in existence for more than 30 years and what is going to be done by the respondents is only to remove the old one and put up a new transformer, namely, R.M.U. Transformer, which is smaller than the old one. Therefore, he submitted that the apprehension of the petitioner is not factually correct, as certainly, the petitioner's ingress and egress will not be obstructed in any manner.

5. The above said statement made by the learned standing counsel for the respondents is recorded. Since such undertaking is given by the respondents, I do not think that the petitioner can have any further grievance against the location of the R.M.U. Transformer, as the old one is already in existence for several decades. Accordingly, this writ petition is disposed of, by recording the above said undertaking given by the learned standing counsel for the respondents. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar mk To 1.

Executive Engineer Tamil Nadu Electricity Generation and Distribution Division (North) Thiruvottiyur High Road, Tondiarpet, Chennai-600 021.

2.

Assistant Engineer Tamil Nadu Electricity Generation and Distribution Division (North) Thiruvottiyur High Road, Tondiarpet, Chennai-600 021.

+1cc to Mr.P.R.Dilip Kumar, Advocate, S.R.No.7323 W.P.No.2080 of 2018 RSY(CO) CS/20/02/18 https://hcservices.ecourts.gov.in/hcservices/