The Chief Engineer v. C Elumalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2025

CORAM

THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR and CMP.No.16094 of 2024

1. The Chief Engineer TANGEDCO, Chennai North Region, No.144, Anna salai, Chennai-600002 2.The Superintending Engineer TANGEDCO, Chennai North Region, No.144, Anna Salai, Chennai-600002 3.The Executive Engineer TANGEDCO, Ramalinger Koil, Vyasarpadi, Chennai-600 039 4.The Assistant Engineer TANGEDCO, Madhavaram-II, Vadaperumbakkam, Chennai-600 060 Appellant(s) Vs

1. C Elumalai S/o.Chinnaraj,

Door No.1168, Block No.68, VOC Nagar, Thandaiyarpet, Chennai-600 081 Respondent(s) PRAYER To set aside the order dated 04.06.2024 made in WP.No.22218 of 2021 and allow the Writ Appeal.

For Appellant(s):

Mr.P.Kumaresan Additional Advocate General Asst By Ms.Sindhuza M.S. For Mr.L Jaivenkatesh For Respondent(s):

M/s. A.E. Ravichandran

JUDGMENT

(Order of the Court was made by S.M.Subramaniam J.) The intra court appeal has been instituted challenging the Writ Order dated 04.06.2024 passed in WP.No.22218 of 2021. 2.

The Chief Engineer, TANGEDCO filed the present Writ Appeal, mainly on the ground that the transformer installed in the subject place is not causing obstruction to the property belongs to the 1 st respondent/Writ Petitioner.

3.

The contention of the 1st respondent is that the transformer has been installed in the middle of his property, and his ingress to his plot is fully obstructed. Thus, the Writ Court issued a direction to shift the transformer to an

alternative location.

4.

In view of the confusion raised between the parties, this Court directed the Executive Engineer to conduct field inspection and submit a report. The field inspection was conducted in the presence of the Electricity Board officials, 1 st respondent and neighbouring plot owners by the Executive Engineer with the assistance of the Survey Department. The map filed by the Executive Engineer is as follows:

5.

It is brought to the notice of this Court that there was a confusion in identifying the property of the 1 st respondent, which resulted in institution of the

Writ petition. It is now found that the transformer is installed in Plot No. 13, and only the junction box is located in front of the property belonging to the 1st respondent. Thus, it is not causing obstruction for free ingress to the property belonging to the 1 st respondent. Thus, 1st respondent has no grievance for the purpose of continuance of the transformer. However, if any inconvenience is caused to parties in that locality, they are at liberty to approach the Electricity Board Authority for shifting the transformer, following the manner known to law.

6.

In view of the fact that the transformer has not caused complete obstruction to the property of the 1 st respondent, we are inclined to consider the Writ Appeal.

7.Consequently, the Writ Order dated 04.06.2024 made in WP.No.22218 of 2021 is set aside. Accordingly, the Writ Appeal is allowed. No costs. The connected Miscellaneous Petition is closed.

(S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 10-03-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.C Elumalai S/o.Chinnaraj, Door No.1168, Block No.68, VOC Nagar, Thandaiyarpet, Chennai-600081

S.M.SUBRAMANIAM J.

AND K.RAJASEKAR J.

gd 10-03-2025