← Library
Madras High CourtWP/35562/2023dismissed

G.Kumaresan v. The District Collector

2024-04-04Honourable Mr Justice S.M. Subramaniam6 pages

2024:MHC:1899

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and W.M.P.No.35504 of 2023 G.Kumaresan ... Petitioner Vs.

1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Divisional Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Sankarapuram Town & Taluk, 3.The Junior Engineer, Tamil Nadu Electricity Board, 4.The Tahsildar, Sankarapuram Taluk Office, 5.The Village Administrative Officer, ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents 2 and 3 from installing Transformer in front of the petitioner's house situated in Survey No.125/5 at Main Road, Arasampattu Village, Sankarapuram Taluk, Kallakurichi District based on the petitioner's recent representation dated 12.12.2023.

For Petitioner : Mr.G.Balamanikandan For R1, R4 & R5 : Mr.T.Venkatesh Kumar Special Government Pleader For R2 & R3 : Mrs.Daniel Mary Standing Counsel [TANGEDCO]

O R D E R

The Writ of Mandamus has been instituted to forbear the respondents 2 and 3 from installing Transformer in front of the petitioner's house situated in Survey No.125/5 at Main Road, Arasampattu Village, Sankarapuram Taluk, Kallakurichi District based on the petitioner's representation dated 12.12.2023.

2. In the context of the relief sought for in the present writ petition, the learned counsel for the respondent / Board would submit that the Transformer has been erected in the Government land and therefore, the petitioner cannot claim right over the erection of Transformer in the said place.

3. The learned counsel for the petitioner would submit that the Transformer has been erected in front of his house.

4. However, the Transformer is not causing any inconvenience to ingress and egress to enjoy the property belonging to the petitioner. The installation of the Transformer, which is an essential service to the people of that locality cannot be obstructed. However, the petitioner is at liberty to approach the authorities for shifting of Transformer. If there is any alternate place is available and by accepting the cost for shifting the Transformer from the existing place to some other place the same may be considered. But the erection of Transformer being a essential service to be provided, the petitioner cannot raise objection regarding such erection. Thus, the relief as such sought for cannot be granted.

5. Accordingly, this Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. 04.04.2024 Jeni Index : Yes Speaking order / Non-speaking order To 1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Divisional Engineer, Tamil Nadu Generation and Distribution Corporation Limited, Sankarapuram Town & Taluk, 3.The Junior Engineer, Tamil Nadu Electricity Board, 4.The Tahsildar, Sankarapuram Taluk Office,

5.The Village Administrative Officer,

S.M.SUBRAMANIAM, J.

Jeni 04.04.2024