A.Nagamuthu v. M.Babu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:08.03.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.8467 of 2016

1. A.Nagamuthu

2. M/s. Gee Geekay Chemicals Pvt.Ltd Rep.by Proprietor No.103 A, Nelson Manickam Road, Aminjikarai, Chennai- 600 029 ..

Petitioners

Versus

1. M.Babu

2. The Chairman Tamil Nadu Electricity Board Annasalai, Chennai -600 002

3. The Engineer T.N.Assistant Electricity Baord M.M.D.A.Colony, Arumbakkam, Chennai -600 106

4. The Executive Engineer Public Works Department Ezhilagam, Chepauk, Chennai -600 005.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the Respondents 2 & 3 to maintain status quo i.e. by keeping the transformer and service box now standing in the land belonging to P.W.D. in S/No.4/ 1, T.S.No.5.

For Petitioners :

Mr. N.Rajavadivelu For R2 to R4 :

Mr.P.R.Dhilip Kumar

ORDER

The petitioner has filed this writ petition praying for issuance of a writ of mandamus to direct the respondents 2 and 3 to maintain status quo with regard to the transformer and service box.

https://hcservices.ecourts.gov.in/hcservices/

2. At the time when the writ petition was heard in the morning session for admission, the learned standing counsel appearing for the respondents 2 to 4 was directed to obtain instructions. Accordingly, Mr.E.Santhanamariappan, Assistant Engineer in charge of Koyambedu circle, is present in Court and based on the instructions given by him, it is submitted by the learned standing counsel that the proposal is only to shift the transformer and service box under the bridge, which has already been constructed. If that is the case, the petitioner can have no objection or grievance about it, since the shifting operation would facilitate free movement of traffic apart from the fact that the proposal is based on the communication received by the third respondent from the High Way Department. Hence, the prayer sought for in the writ petition is misconceived and the writ petition stands dismissed with a direction to the respondent Board to shift the transformer and box as proposed by them under the bridge. No costs. ga s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar To

1. The Chairman Tamil Nadu Electricity Board Annasalai, Chennai -600 002

2. The Engineer T.N.Assistant Electricity Baord M.M.D.A.Colony, Arumbakkam, Chennai -600 106

3. The Executive Engineer Public Works Department Ezhilagam, Chepauk, Chennai -600 005.

+ 1 cc to M/s.P.R.Dhilip Kumar, Advocate, SR 14690 + 1 cc to M/s.N.Rajavadivelu, Advocate, SR 14771 ppa(co) prk22/3 WP.No.8467 of 2016 https://hcservices.ecourts.gov.in/hcservices/