S.Amudha v. The Chairman

2024:MHC:2213

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2024

CORAM

THE HONOURABLE DR.JUSTICE ANITA SUMANTH W.P.No.13527 of 2024 S.Amudha .... Petitioner Vs 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, No.33/11, Madipakkam Main Road Madipakkam, Chennai - 600 091.

3.The Assistant Engineer, No.33/11, Madipakkam Main Road, Madipakkam, Chennai - 600 091.

.... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the Respondent 1-3 to consider the representation dated 21.02.2024 and subsequently not to install / erect any Electrical transformer in the property of the Petitioner covered in SF No.297/1 without following the procedures laid down under law.

For Petitioner :

Mr.N.Daranath For Respondents :

Mr.L.Jai Venkatesh Standing Counsel 1/4

O R D E R

The petitioner claims to be the owner of the property admeasuring 8 cents in Survey No.297/1 Madipakkam ('property'/'property in question'). He claims to be holding all relevant materials in support of his legal ownership and possession.

2.While this is so, the respondents have taken over the property and are attempting to erect an electricity transformer therein with which he is aggrieved. Despite having given a representation on 21.02.2024 calling upon the respondents to desist from installation of the electrical transformer in his property, there has been no action thus far. Hence, this writ petition seeking a mandamus directing the respondents to consider his representation dated 21.02.2024.

3.Mr.L.Jai Venkatesh, learned counsel who accepts notice for the respondents accedes to the receipt of the representation dated 21.02.2024 in view of the acknowledgement placed in the paper book at page 6. He would also assure the Court that the Assistant Engineer, Madipakkam/R3 will hear the petitioner and dispose the representation. 4.Hence, mandamus is issued to R3 to hear the petitioner, look into the documents supplied and dispose representation dated 21.02.2024, in accordance with law and in line with the principles of natural justice, 2/4

within four weeks from date of receipt of a copy of this order. 5.This writ petition is disposed as above. No costs. 07.06.2024 vs Index:Yes/No Speaking order:Yes/No To 1.The Chairman, Tamil Nadu Generation and Distribution Corporation Limited, No.144, Anna Salai, Chennai - 600 002.

2.The Superintending Engineer, No.33/11, Madipakkam Main Road Madipakkam, Chennai - 600 091.

3.The Assistant Engineer, No.33/11, Madipakkam Main Road, Madipakkam, Chennai - 600 091.

3/4

DR.ANITA SUMANTH,J.

vs W.P.No.13527 of 2024 07.06.2024 4/4