K.Megharam v. The Chairman Cum Managing Director
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2024 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI K.Megharam ... Petitioner Vs.
1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., NPKRR Maligai, No.144, Anna Salai, Mount Road, Chennai - 600 002.
2.The Chief Manager, Tamil Nadu Generation and Distribution Corporation Ltd., NPKRR Maligai, No.144, Anna Salai, Mount Road, Chennai - 600 002.
3.The Assistant Engineer, TNEB Office, Palayathan Street, Selaiyur, Chennai - 600 093.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd respondent to consider and pass order on petitioner representation dated 02.07.2024 which is seeking shifting of transformer No.TTL/PP.84757 at Padmavathy Nagar Main Road and erect the same 15 meters away form the petitioner's shopping complex.
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For Petitioner : Mr.R.Sethuvarayar For Respondent : Mr.Jai Venkatesh Standing Counsel *****
ORDER
This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the 3rd respondent to consider and pass order on petitioner representation dated 02.07.2024 which is seeking shifting of transformer No.TTL/PP.84757 at Padmavathy Nagar Main Road and erect the same 15 meters away form the petitioner's shopping complex.
2. Mr.L.Jai Venkatesh, learned Standing Counsel, accepts notice on behalf of the respondents. In view of the consent expressed by the learned counsel appearing for the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that, he obtained the property in Survey No.748/33, Plot No.44, Padmavathy Nagar, Madampakkam, Chennai, which is duly registered with SRO, Selaiyur, in which the petitioner constructed a commercial complex and he is running a jewellery Page No.2 of 6
shop in the name and style of Kamadhenu Jewellers and adjoining to the shopping complex, there is a electricity transformer erected within 3 feets from the petitioner's shop. Since the said transformer is situated within 3 feet from the building, in which, there is a commercial complex, there are many trouble and inconvenience happened to the shop owners as well as the customers, who are coming to the shop for purchase. Hence, the petitioner has made a representation dated 02.07.2024 before the respondents requesting the 3rd respondent for shifting the transformer and erect 15 meters away from the shopping complex of the petitioner, however, the said representation was not considered by the respondents. Therefore, left with no other alternative, the petitioner filed the above writ petition before this court for appropriate orders.
4. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 3rd respondent to consider and pass orders on petitioner's representation dated 02.07.2024 which is seeking shifting of transformer No.TTL/PP.84757 at Padmavathy Nagar Main Road and erect the same 15 meters away form the petitioner's shopping complex, within a time frame that may be fixed by this Court.
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5. However, learned Standing Counsel appearing for the respondents submitted that the petitioner's representation dated 02.07.2024 was considered and if the petitioner is prepared to make online application through TANGEDCO, his application will be considered and appropriate orders will be passed, if the petitioner pays the shifting charges and identifies an alternative spot for shifting the transformer.
6. In view of the above submissions made by the learned Standing Counsel appearing for the respondent, this Writ Petition stands dismissed with liberty to the petitioner to make online application through TANGEDCO within a period of one weeks from the date of receipt of a copy of this order and thereafter, after receipt of the shifting charges paid by the petitioner and an alternative spot identified by the petitioner for shifting the transformer, the respondent is directed to consider the petitioner's application and pass appropriate orders, within a period of four weeks. No costs.
04.09.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., NPKRR Maligai, No.144, Anna Salai, Mount Road, Chennai - 600 002.
2.The Chief Manager, Tamil Nadu Generation and Distribution Corporation Ltd., NPKRR Maligai, No.144, Anna Salai, Mount Road, Chennai - 600 002.
3.The Assistant Engineer, TNEB Office, Palayathan Street, Selaiyur, Chennai - 600 093.
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M.DHANDAPANI, J.
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