Mrs.Rani Goutham, v. The Assistant Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.12.2021
CORAM
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Rani Goutham ... Petitioner vs.
1.
The Assistant Engineer, TANGEDCO, No.19/1, P.T.Rajan Road, Ashok Nagar, Chennai 600 083.
Bharat Scans, No.29/84, Raajam's Buildings, 1st Avenue, Ashok Nagar, Chennai 600 083.
3.
The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st Respondent to disconnect the High Tension Electricity connection provided to the 2nd Respondent and shift the same to the premises of the 2nd Respondent. For Petitioner :
Mr.V.G.Guhan Murugan For 1st Respondent :
Mr.L.Jai Venkatesh For 2nd Respondent :
Mrs.A.L.Gandhimathi For 3rd Respondent :
Mr.P.Gurunathan, Addl. Government Pleader Page No.1 of 5
O R D E R
Petitioner has come up with this Writ Petition seeking a direction to the 1st Respondent to disconnect the High Tension Electricity connection provided to the 2nd Respondent and shift the same to the premises of the 2nd Respondent.
According to the Petitioner, she is the owner of the property situated at No.29/84, G1, Raajam's Buidings, 1st Avenue, 100 Feet Road, Ashok Nagar, Chennai and is carrying on business in the name and style of 'New Senorita Beauty Parlour', since 2001. It is stated by the Petitioner that, the ground floor of the said building consists of two Units, viz. G1 and G2. While G1 belongs to the Petitioner, G2 belongs to the 2nd Respondent/M/s.Bharat Scans, a diagnostic Centre and the said premises is separated by a common staircase.
3.
The case of the Petitioner is that, the 2nd Respondent has obtained High Tension power consumption service connection with the capacity of 11 ton 60 KV for the use of its own business, and has erected the same on the main Wall of her premises, which occupies most of the Wall of her premises. Hence, the Petitioner along with the owners of the building, Page No.2 of 5
made written objections to the Respondents 1 and 3. Thereafter, they addressed further communications dated 27.08.2019, 03.09.2019 and 24.09.2019 to the Officials of the 1st Respondent to remove the High Tension electricity connection and shift it to the premises of the 2nd Respondent. The Petitioner has also addressed a complaint to the 3rd Respondent in this regard. As no action is forthcoming on her representation, having no other alternative, the Petitioner has come up with this Writ Petition. 4.
Learned counsel for the Petitioner submitted that, it is suffice if a direction is issued to the 1st Respondent to conduct field inspection of the premises in question in the presence of the Petitioner and the 2nd Respondent herein and if it is found that, High Tension Electricity connection runs through the Wall of the Petitioner, the same may be removed and shifted to the premises of the 2nd Respondent herein.
5.
Learned counsel appearing for the 2nd Respondent submitted that, the High Tension electricity cable runs only through the premises of the 2nd Respondent herein and not through the premises of the Petitioner. However, she submitted that, the 2nd Respondent has no objection for conducting field inspection of the premises in question. Page No.3 of 5
6.
Considering the facts and circumstances of the case and without going into its merits, this Court directs the 1st Respondent herein to conduct field inspection of the premises in question in the presence of the Petitioner and the 2nd Respondent herein and if it is found that, the High Tension electricity cable runs through the Wall of the Petitioner, the same may be shifted to the premises of the 2nd Respondent and appropriate orders may be passed in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.
The Writ Petition is disposed of accordingly. No costs. 07.12.2021 Index :
Yes/No Speaking Order :
Yes/No (aeb) To:
1.
The Assistant Engineer, TANGEDCO, No.19/1, P.T.Rajan Road, Ashok Nagar, Chennai 600 083.
The Inspector of Police, R-6, Kumaran Nagar Police Station, Chennai.
Page No.4 of 5
M.DHANDAPANI,J.
(aeb) 07.12.2021 Page No.5 of 5