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Madras High CourtWP/10400/2023disposed of

N.Jayabalan v. The Superintendent Engineer

2023-04-05Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI and W.M.P.No.10354 of 2023 N.Jayabalan ... Petitioner Vs.

1. The Superintendent Engineer, Tamil Nadu Electricity Board, Anna Salai, Chennai - 600 068.

2. The Divisional Engineer, Tamil Nadu Electricity Board, Tondiarpet, Chennai - 600 081.

3. The Assistant Engineer, Tamil Nadu Electricity Board, Manali, Chennai - 600 068.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents in erecting and installing the High Power Transformer in front of the petitioner's house.

For Petitioner :

Mr.M.Prabakar For Respondents :

Mr.L.Jai Venkatesh

O R D E R

This Writ Petition has been filed forbearing the respondents in erecting and installing the High Power Transformer in front of the petitioner's house.

2. The case of the petitioner is that the petitioner is the owner of the property to an extent of 7500 Sq.ft., comprised in Survey No.3/5 and as per UDR Patta Survey No.3/2 at Chinna Sekkadu, Tiruvottriur Taluk, Chennai. However, without any notice, the third respondent tried to erect the High Power Transformer in front of the petitioner's house. Objecting the same, the petitioner has given a letter on 24.03.2023 to the third respondent

and the same was not considered. Hence, the petitioner has filed the present Writ Petition with the aforesaid prayer.

3. Though very many grounds have been raised in the present Writ Petition, it would suffice, if this Court may issues a direction to the third respondent to consider the petitioner's letter dated 24.03.2023 and pass appropriate orders, within a time frame that may be fixed by this Court.

4. The learned counsel appearing for the respondents has no serious objection for such an order being passed by this Court.

5. Heard learned counsel appearing on either side and perused the materials placed before this Court.

6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the third respondent to consider the petitioner's letter dated 24.03.2023 and

pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 05.04.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The Superintendent Engineer, Tamil Nadu Electricity Board, Anna Salai, Chennai - 600 068.

2. The Divisional Engineer, Tamil Nadu Electricity Board, Tondiarpet, Chennai - 600 081.

3. The Assistant Engineer, Tamil Nadu Electricity Board, Manali, Chennai - 600 068.

M.DHANDAPANI,J.

vji and W.M.P.No.10354 of 2023 05.04.2023