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Madras High CourtWP/3314/2024disposed of

K.Rajan v. The Chairman Cum Managing Director

2024-02-14Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY K.Rajan ..

Petitioner Vs.

1. The Chairman cum Managing Director TANGEDCO, 144, Anna Salai Chennai - 600 002.

2. The Superintending Engineer KEDC/TANGEDCO Lion Club Building Shivaji Nagar, Kallakuruchi - 606 202.

3. The Executive Engineer (O&M) Tamil Nadu Electricity Board Hospital Road, Tirukovilur Taluk Kallakurichi District - 605 757.

4. The Assistant Executive Engineer Tamil Nadu Electricity Board T.Keeranur Panchayath, Sandapattai Post Tirukovilur Taluk Kallakuruchi District - 605 766.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus, call for the records relating to the Letter No KA.No.So.Pa/E&P/THIRU/Va.A/KO.Petition/A.No.315/23 dated 01.12.2023 issued by the 3rd Respondent and quash the same and consequently direct the 3rd Respondent to shift / relocate the High Voltage Transformer No. 100 / 22KV situated at Survey No. 67 T.K. Pudhumandabam Village, T. Keeranur Panchayath, Tirukoilur Taluk Kallakuruchi District without insisting shifting cost / expenses. For the Petitioner : Mr.C.Prabhu For the Respondents : Ms.Daniel Mary

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.C.Prabhu, learned counsel for the petitioner and Ms.Daniel Mary, learned counsel for the respondents.

2. The petitioner is challenging the communication issued by the third respondent.

3. Learned counsel for the petitioner submits that the transformer needs to be shifted to other place, as the same is dangerous because of high density population.

4. Learned counsel for the petitioner admits that the said transformer is at the said place since 35 years. For change of transformers, the process is required to be adhered to. It is for respondents 1 to 4 to consider the feasibility and viability of the transformer at the particular place. Naturally, respondents 1 to 4 shall also be concerned with the safety of the residents. Respondents 1 to 4 shall consider the said issue on its own merits and in accordance with law.

5. The writ petition, accordingly, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 14.02.2024 Index :

Yes/No :

Yes/No drm

To

1. The Chairman cum Managing Director TANGEDCO, 144, Anna Salai Chennai - 600 002.

2. The Superintending Engineer KEDC/TANGEDCO Lion Club Building Shivaji Nagar, Kallakuruchi - 606 202.

3. The Executive Engineer (O&M) Tamil Nadu Electricity Board Hospital Road, Tirukovilur Taluk Kallakurichi District - 605 757.

4. The Assistant Executive Engineer Tamil Nadu Electricity Board T.Keeranur Panchayath, Sandapattai Post Tirukovilur Taluk Kallakuruchi District - 605 766.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 14.02.2024