Asif Iqbal, v. The Chairman (Tangedco),
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2022
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.27197 of 2016 and W.M.P.No.23346 of 2016 Asif Iqbal ... Petitioner Vs
1. The Chairman, (TANGEDCO), Annasalai, Chennai - 2.
2. The Assistant Engineer, (TANGEDCO), Royapettah, Chennai - 14.
3. The Divisional Engineer, (TANGEDCO), Valluvarkottam, Chennai.
4. The Superintendent Engineer, Valluvarkottam, Chennai.
5. Mr.Hameed
...Respondents
(R5 is suo-motu impleaded as per order dated 21.10.2016 in W.P.No.27197 of 2016).
PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents herein to consider the representation dated 22.07.2016 and direct the respondents herein to not to erect the electrical transformer at Koya Arunagiri 2nd Street, Royapettah, Chennai - 600 014.
For Petitioner :Mr.D.Arul Thumilan For Respondents:Mr.L.Jaivenkatesh, For TANGEDCO, For R1 to R4.
R5 - Notice sent. Service awaited.
O R D E R
The relief sought for in the present writ petition is to direct the respondents to consider the representation dated 22.07.2016 and to direct the respondents not to erect the Electrical Transformer at Koya Arunagiri, 2nd street, Royapettah, Chennai -14.
2. The representation was submitted on 22.07.2016 and nearly about 5 years have lapsed. If at all a transformer is erected already during the pendency of the writ petition, it is for the petitioner to approach the competent Authority for shifting, if it is possible. Even in such circumstances, it is to be done on payment of charges and by following the procedures as contemplated under the Regulation. Contrarily, High Court cannot issue an order or direction not to erect electrical transformer which are erected for providing essential services to the people of that locality. Thus, any such grievance in this regard is to be redressed by approaching the competent Authority. Therefore, a direction to the Authorities to consider the representation cannot be granted. That apart, the present status regarding the erection of transformer is to be considered and it is left open to the petitioner to approach the concerned Authorities, if any grievance exists as of now.
3. With this liberty, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR kmm To
1. The Chairman, (TANGEDCO), Annasalai, Chennai - 2.
2. The Assistant Engineer, (TANGEDCO), Royapettah, Chennai - 14.
3. The Divisional Engineer, (TANGEDCO), Valluvarkottam, Chennai.
4. The Superintendent Engineer, Valluvarkottam, Chennai.
W.P.No.27197 of 2016 mg[co] Srg 18/02/2022