Madras High CourtWP/28180/2016disposed of

D.Basappa v. The Assistant Engineer

2017-07-25Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.07.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.28180 of 2016 D.Basappa [ Petitioner ] Vs The Assistant Engineer TNEB Thenkanikottai Krishnagiri District [ Respondent] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondent to consider the petitioner representation dated 15.7.2016 and to transfer the E.B.Post to some other places from his house wall near.

For Petitioner : Mr.P.Saravanan For Respondent : Mr.Varunkumar, Standing Counsel

ORDER

Heard the learned counsel for the petitioner and Mr.Varunkumar, learned Standing Counsel for the respondent.

2. The petitioner has filed the above writ petition to issue a writ of mandamus to direct the respondent to consider his representation dated 15.7.2016 and to shift the E.B.Post to some other place from his house.

3. The respondent has filed a counter, wherein, it has been stated that one Madhanagiri S/o Munivenkatappa and 10 others have give a letter to the respondent opposing to shift the EB post to some other place. Further, the respondent has stated that earlier, a demand notice was issued on 17.02.2016 to the petitioner to pay a sum of Rs.5,530/- towards the estimated cost for shifting the post and that the petitioner had also paid the amount on 26.02.2016 and because of the objections raised by the petitioner's neighbours, the respondent is not in a position to shift the post to some other place.

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4. The learned counsel for the petitioner submitted that he would settle the issues with his neighbours in a short time and therefore, the respondent may be directed to consider the petitioner's representation dated 15.07.2016, within a time frame.

5. Mr.Varunkumar, learned Standing Counsel appearing for the respondent submitted that the respondent may be directed to consider and pass orders on the petitioner's representation, in accordance with law.

6. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the respondent to consider the petitioner's representation dated 15.07.2016 and pass orders in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after giving notice to all the interested parties.

With this observation, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar rg To The Assistant Engineer TNEB Thenkanikottai, Krishnagiri District.

+1cc to Mr.M.Varunkumar, Advocate Sr. 53190 +1cc to Mr.M.P.Saravanan, Advocate Sr. 52675 W.P.No.28180 of 2016 AR(V) VR(07/08/2017) https://hcservices.ecourts.gov.in/hcservices/