S.Prema v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2021

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.33461 of 2016 S.Prema ... Petitioner Vs 1.The Chairman, Tamilnadu Electricity Board, Anna Salai, Chennai - 2.

2.The Assistant Engineer, Tamilnadu Generation and Distribution Corporation Kannadhasan Nagar, Kodungaiyur, Chennai - 118.

...Respondents

Prayer: Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus to direct the 2nd respondent to remove the transformer from the frontage of the petitioner's property situated at No.26, Valluvar Street, Krishnamoorthy Nagar, Kodungaiyur, Chennai - 118. For Petitioner : Mr.S.Sairaman For Respondents : Mr.P.R.Dhilipkumar

ORDER

The petitioner has filed the present Writ Petition to direct the respondent to remove the transformer from the front of the petitioner's property situated at No.26, Valluvar Street, Krishnamoorthy Nagar, Kodungaiyur, Chennai - 118.

2. The learned counsel for the petitioner submits that the petitioner is willing to bear the expenses for shifting of the transformer.

3. The learned counsel for the respondent submits that though the transformer was installed during 2016 it was not charged in view of injunction granted on 16.08.2016. He further submits as per the instruction, the transformer has been installed only at Jawahar Street, Krishnamoorthy Nagar, Kodungaiyur, Chennai - 118 and not in front of the petitioner's property at No.26, Valluvar Street, Krishnamoorthy Nagar, Kodungaiyur, Chennai - 118. He submits that in any event it is for the petitioner to give proper representation to the respondent undertaking to bear the necessary charges for shifting the transformer if it is in front of his property.

4. The petitioner is therefore directed to file a fresh representation before the respondent for shifting the transformer by giving the undertaking to bear expenses in connection with the shifting of the transformer.

5. If such an application is filed before the respondent, that shall take step for shifting the transformer from its present location after considering the application of the petitioner within a period of 30 days thereafter.

6. This writ petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar drl To 1.The Chairman, Tamilnadu Electricity Board, Anna Salai, Chennai - 2.

2.The Assistant Engineer, Tamilnadu Generation and Distribution Corporation Kannadhasan Nagar, Kodungaiyur, Chennai - 118.

+1 cc to M/s.V.Lakshmi narayanan Advocate sr11962 W.P.No.33461 of 2016 gml(co) aa30/03/2021