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Madras High CourtWP/15224/2021disposed of

S.Meganathan v. The Assistant Engineer

2021-07-23Honourable Mr Justice D. Krishnakumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:23.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.No.15224 of 2021 S.Meganathan

...Petitioner

Vs.

1. The Assistant Engineer, Tamil Nadu Electricity Bard, Vembuli Naickan Street, Vanagaram, Chennai 600 095.

2. Suganya

...Respondent

Prayer:

Writ petition filed under Section 226 of the Constitution of India to issue a writ of Mandamus directing the first respondent to consider the petitioner's representation dated 23.06.2021 and to dispose the same within a reasonable time and consequently direct the first respondent to remove the Electricity Pillar/post from the petitioner's place bearing door N,1/28, Singara Naicker Street, Chethiyaragaram, Chennai 600 077 and to be erected in some other common place. For Petitioner : Mr.M.Chidambaram For Respondent : Mr.Jaivenkates TNEB for R1

ORDER

This writ petition has been filed to issue a writ of Mandamus directing the first respondent to consider the petitioner's representation dated 23.06.2021 and to dispose the same within a reasonable time and consequently direct the first respondent to remove the Electricity Pillar/post from the petitioner's place bearing door N,1/28, Singara Naicker Street, Chethiyaragaram, Chennai 600 077 and to be erected in some other common place.

2. The petitioner is the owner of a land to an extent of 12 1⁄2 cents in Singara Naicker Street, Chettiyaragaram, Chennai. The first respondent Board has provided electricity connection to the second respondent by erecting electricity pillar in the eastern part of the petitioner's property, without hearing his objection and inveiw of the same, the petitioner is https://hcservices.ecourts.gov.in/hcservices/

unable to construct a house in his own plot. Hence, the petitioner sent an lawyer notice to the first respondent to remove the pillar and subsequently, he has also made a representation dated 23.12.2020. But it was not considered till date. Hence this writ petition.

3. Mr.Jaivenkatesh, learned Standing Counsel for TNEB takes notice for the first respondent.

4. By consent of the counsels to both the parties, this court takes this matter for final disposal.

5. The learned Standing Counsel appearing for TNEB submitted that the representation of the petitioner will be considered by the authority concerned in accordance with law.

6. Inview of the submission made by the learned Stading counsel appearing for the Board, without expressing any opinion on merits, this court directs the first respondent to consider the petitioner's representation dated 23.06.2021 and pass orders in accordane with law, within a period of three weeks from the date of receipt of a copy of this order, after providing opportunities to the petitioner as well as the second respondent.

7. With the above direction, this writ petition is disposed of. No costs.

s/d- Assistant Registrar(CS VIII) True Copy Sub-Assistant Registrar mst To The Assistant Engineer, Tamil Nadu Electricity Board, Vembuli Naickan Street, Vanagaram, Chennai-600095.

+1 CC to Mr.L.Jaivenkatesh, Advocate, Sr 35365. +1 CC to Mr.M.Chidambaram, Advoacate, Sr 35148. W.P.No.15224 of 2021 PCH(CO) SP(13/08/2021) https://hcservices.ecourts.gov.in/hcservices/