U.Md.Rahamathullah v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.16389 of 2015 and M.P.No.1 of 2015 U.Md.Rahamathullah ..

Petitioner Vs.

1. The Chairman, TANGEDCO, Nungambakkam, Chennai-34.

2. The Superintending Engineer, TNEB, Anna Salai, Chennai-2.

3. The Assistant Engineer, TNEB, Govt. Estate, Walaja Road, Chennai-2.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from fixing or laying of concrete Posts or Polls in the pits that were dug in front of No.5/2 Mukhtarunisa Begum Street, (Mount Road), Anna Salai, Chennai-2.

For Petitioner :

Mr.R.Balakrishnan For Respondents :

Mr.P.R.Dhilip Kumar, TNEB - - - - -

O R D E R

By consent, the main writ petition itself is taken up for final disposal.

2. The petitioner claims that he is the owner of residential house bearing No.5/2 Mukhtarunisa Begum Street, (Mount Road), Anna Salai, Chennai-2. The grievance expressed by him is that the respondents are attempted to take electricity transformer right in front of the premises which is ultimately very ingress and egress

from the residential house and in this regard, the petitioner has also submitted his objection dated 03.06.2015 to the Executive Engineer of Tamil Nadu Electricity Board, Chennai - 2 and since he has not been favoured with any any kind of response, he came forward to file this writ petition.

3. Mr.R.Balakrishnan, learned counsel appearing for the petitioner would submit that the third respondent is seeking to erect a transformer right in front of the entrance of the residential house of the petitioner and therefore, the objection filed by the petitioner may be considered in proper perspective and appropriate order may be passed and till then, further order can be deferred.

4. The Court heard the submissions of Mr.P.R.Dhilipkumar, learned counsel for TNEB, who accepts notice for the respondents.

5. This Court, taking into consideration the above facts and circumstance of the case and without going into the merits projected by the petitioner, permits that petitioner to submit one more representation to the third respondent by enclosing a copy of this order within a period of one week from the date of receipt of a copy of this order and the third respondent, on receipt of the same, is directed to consider the same and pass appropriate orders in accordance with law, after providing an opportunity of personal hearing to the petitioner, within a period of two weeks thereafter and communicate the decision taken, to the petitioner and till then, deferred further action.

6. This Writ Petition is disposed of accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed. Jrl s/d- Assistant Registrar(CO) True Copy Sub-Assistant Registrar To

1. The Chairman, TANGEDCO, Nungambakkam, Chennai-34.

2. The Superintending Engineer, TNEB, Anna Salai, Chennai-2.

3. The Assistant Engineer, TNEB, Govt. Estate, Walaja Road, Chennai-2.

+ 1 cc to Mr.R.Balakrishnan, Advocate SR 28001 + 1 cc to Mr.P.R.Dhilip Kumar, Advocate SR 28193 ksj(co) prk12/6 W.P.No.16389 of 2015