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Madras High CourtWP/15070/2023closed

A.S.Kani v. The Executive Engineer

2023-05-10Honourable Mr Justice P.B. Balaji4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.05.2023 CORAM :

THE HONOURABLE MR.JUSTICE P.B.BALAJI W.P.No.15070 of 2023 and W.M.P.No.14571 of 2023 A.S.Kani ..

Petitioner vs

1. The Executive Engineer TANGEDCO Thondiarpet, T.H.Road Chennai - 600 081.

2. The Assistant Executive Engineer TANGEDCO, Thiruvotriyur Sub Station Kaladipet, Thiruvotriyur Chennai - 600 019.

3. The Assistant Engineer (O&M) TANGEDCO, Thiruvotriyur Sub Station 949, Thiruvotriyur Municipal Building Kaladipet, Thiruvotriyur , Chennai - 600 019. ..

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to forthwith consider the petitioner's representation dated 17.03.2023 thereby to intervene into the matter of shifting the existing EB pillar box to some other space which is already available expediently and further direct the authorities from not to erecting / putting up any new pillar EB box in front of the petitioner's tiffin stall namely "Welcome Unavagam" at No.701-702, Thiruvotriyur High Road, Thiruvotriyur, Chennai - 600 019.

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For Petitioner :

Mr.S.L.Sudarsanam For Respondents :

Mr.L.Jaivenkatesh Standing Counsel for TNEB

ORDER

This writ petition has been filed seeking issuance of a writ of mandamus to consider the petitioner's representations dated 12.05.2022 and 17.03.2023 with regard to the shifting of the existing EB pillar box.

2. Heard the learned Standing Counsel for TANGEDCO, who would submit that there is no proposal, as of now, to shift the EB box from the existing place, for which, the petitioner has no objection, as the said EB box has been there for over twenty years. The petitioner is only aggrieved by the proposed move of shifting the EB box to a place which obstructs his ingress and egress to his shop.

3. In view of the aforesaid submission of the learned Standing Counsel for TANGEDCO, this Court feels that there is no purpose in keeping this writ petition pending. Therefore, the submission of the learned Standing Counsel for the TANGEDCO that there is no proposal to shift the EB box, as apprehended by the writ petitioner, is recorded.

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4. In the meantime, it is open to the respondents also, to consider the petitioner's representations dated 12.05.2022 and 17.03.2023 with regard to his objection in shifting the EB box, in the event of any such move being proposed by the respondents.

5. With the above observations, this writ petition is disposed of. There will be no order as to costs. Connected W.M.P. is closed. Index : Yes/No 10.05.2023 : Yes/No drm/cad To:

1. The Executive Engineer TANGEDCO, Thondiarpet, T.H.Road Chennai - 600 081.

2. The Assistant Executive Engineer TANGEDCO, Thiruvotriyur Sub Station Kaladipet, Thiruvotriyur Chennai - 600 019.

3. The Assistant Engineer (O&M) TANGEDCO, Thiruvotriyur Sub Station 949, Thiruvotriyur Municipal Building Kaladipet, Thiruvotriyur , Chennai - 600 019. 3/4

P.B.BALAJI, J.

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