B.Kalamani v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.06.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI B.Kalaimani ... Petitioner Vs.
1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kovai Distribution Circle / South, Coimbatore.
2. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance / South, Somanur, Coimbatore District.
3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance / South, Vanjipalayam, Tiruppur.
4. N.Subramani ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent No.2 to 3 to consider the petitioner application bearing Registration No.2830822921 dated 1/6
23.08.2022 consequent representation dated 29.04.2023 for shifting of low tension overhead electricity lines travelling above the house of petitioner situated at Natham Survey Number :510, New Sub Division S.No.682/10 situated at Semmandampalayam, Sulur Taluk, Coimbatore District and enable the petitioner to do renovation works.
For Petitioner :
Mr.K.Myilsamy For R1 to R4 :
Mr.L.Jai Venkatesh
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the respondents 2 and 3 to consider the petitioner application bearing Registration No.2830822921 dated 23.08.2022 and consequent representation dated 29.04.2023 for shifting of low tension overhead electricity lines travelling above the house of petitioner situated at Natham Survey Number :510, New Sub Division S.No.682/10 situated at Semmandampalayam, Sulur Taluk, Coimbatore District and enable the petitioner to do renovation works.
2. Since no adverse order is being passed against the fourth respondent, notice to the fourth respondent is dispensed with.
3. It is the case of the petitioner that seeking to shift the low tension overhead lines lying above the petitioner's house, she made an application 2/6
dated 23.08.2022 and a detailed representation dated 29.04.2023 to the respondent / TANGEDCO. Since the same was not considered the present writ petition has been filed.
4. Though very many grounds have been raised in the above writ petition, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents 2 and 3 to consider the petitioner's application bearing Registration No.2830822921 dated 23.08.2022 and a detailed representation dated 29.04.2023 and pass appropriate orders within the time frame that may be fixed by this Court.
5. On the above contentions heard learned counsel appearing for the respondents and perused the materials placed on record.
6. Considering the facts and circumstances of the case, this Court without going into the merits of the case directs the respondent / TANGEDCO to consider the petitioner's application bearing Registration No.2830822921 dated 23.08.2022 and a detailed representation dated 29.04.2023 and pass appropriate orders on merits and in accordance with law 3/6
after affording an opportunity of personal hearing to the petitioner as well as the fourth respondent within a period of six (6) weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petittion is disposed of. No costs. 21.06.2023 (rap) Index : Yes / No Speaking order / Nonspeaking order 4/6
To
1. The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Kovai Distribution Circle / South, Coimbatore.
2. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance / South, Somanur, Coimbatore District.
3. The Assistant Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Operation and Maintenance / South, Vanjipalayam, Tiruppur.
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M.DHANDAPANI, J.
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