Madras High CourtWP/15363/2015disposed of

M/S.Sivanadiar Seva Sangam v. The Chairman

2015-09-02Honourable Mr Justice N. Kirubakaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.09.2014

CORAM

THE HON'BLE MR. JUSTICE N.KIRUBAKARAN W.P.No.15363 of 2015 M/s.Sivanadiar Seva Sangam, represented by its Secretary, No.106, Linghi Chetty Street, Chennai - 600 001.

Petitioner Vs.

1.The Chairman, No.144, Anna Salai, 2.The Superintending Engineer, O/o.the Superintending Engineer, Chennai Electricity Distribution Circle/Central, Nungambakkam, Chennai - 600 034.

3.The Executive Engineer, No.6, Lafond Street, Chindhadiripet, Mount Road, 4.Arulmigu Maragadhammbal Sameytha Maligeswarar Thirukovil, represented by its Executive Officer, No.263, Linghi Chetty Street, Chennai - 600 001.

Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the respondents 1 to 3 to remove the transformer newly erected in the western side, near the compound wall of Lord Maligeshwarar Temple i.e. in Thambu Chetty Street, causing obstruction to the passage (Maada Veedhi) of Lord Maligeshwarar Temple Car, Goddesses Kalikambal Temple Car, Lord Kachaleeshwarar Temple Car and other Vaganam.

For Petitioner ..

Mr.R.Gopinath For Respondents 1 to 3 .. Mr.P.R.Dhilip Kumar Standing Counsel for TNEB

ORDER

The petitioner is a Seva Sangam, having office at 106, Linghi Chetty Street, Chennai. Respondents 1 to 3 erected a Transformer on the western side, near the compound wall of Lord Malligeshwarar Temple i.e. in Thambu Chetty Street, causing obstruction to the passage (Maada Veedhi) of Lord Maligeshwarar Temple Car and therefore, the petitioner sangam has come before this Court to remove it.

2. Heard Mr.R.Gopinath, learned counsel for the petitioner and Mr.P.R.Dhilip Kumar, learned standing counsel appearing for respondents 1 to 3.

3. Mr.P.R.Dhilip Kumar, learned standing counsel for the respondents 1 to 3 would submit that the petitioner has already paid necessary charges for shifting the Transformer from the present place and the respondents are in the process of shifting the said Transformer to some other place and it may require four weeks time for shifting.

4. In view of the above development, there shall be a direction to the respondents 1 to 3 to remove and shift the Transformer which has been erected near the compound wall of Lord Maligeshwarar Temple, within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs.

Post the matter "for reporting compliance" on 07.10.2015. Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar asvm/rms To 1.The Chairman, No.144, Anna Salai,

2.The Superintending Engineer, O/o.the Superintending Engineer, Chennai Electricity Distribution Circle/Central, Nungambakkam, Chennai - 600 034.

3.The Executive Engineer, No.6, Lafond Street, Chindhadiripet, Mount Road, 4.The Executive Officer, Arulmigu Maragadhammbal Sameytha Maligeswarar Thirukovil, 263, Linghi Chetty Street, Chennai - 1.

+1 cc to Mr.R.Gopinath, Advocate, sr.47176 +1 cc to Mr.P.R.Dhilipkumar, Advocate, sr.47253 W.P.No.15363 of 2015 rv co kra 1/10