Jaiganesh Padmanabhan v. The Superintending Engineer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated 23.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.SOUNTHAR W.P.No.38900 of 2024 Jaiganesh Padmanabhan ... Petitioner Vs.
1. The Superintending Engineer, Tamil Nadu Electricity Board, TANGEDCO, Thadagam Main Road, Saibaba Colony, Coimbatore.
2 . The Assistant Engineer, Tamil Nadu Electricity Board,TANGEDCO, Othakkalmandapam, Coimbatore - 32.
... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Certiorarified Mandamus to call for the entire records pertaining to impugned letterKa.No. Umipo/E & Po/Oka.Ma/Co. Pugaar Manu/V 337/2024, dated 24.04.2024 issued by the second respondent and to set aside the same as it is violative of the principles of natural justice and consequently direct the respondents to consider the representations of the petitioner dated 01.10.2018 and
12.11.2024 submitted to the second respondent to relocate the hugh high voltage electric transformer "63KVA/22KV- Othakalmandapam SS XV" , which was erected the respondents right in front of the petitioner's property tot he other spot/place which is already identified by the second respondent as mentioned in impugned letter dated 24.04.2024, as expeditiously as possible in the manner known to law. For Petitioner : Mr.S.Sidhartha Vishnu For Respondents : Mr.L.Jaivenkatesh, Standing Counsel
ORDER
The petitioner herein filed this writ petition, challenging the impugned communication of the second respondent, informing the petitioner that the petitioner's on line application, dated 16.04.2024, seeking shifting of transformer located in front of his vacant site is under consideration.
2. The petitioner is the owner of vacant site with an extent of 4,119 sq.ft. situated in S.No.30-1B, 30-1C at Plot Nos.1, 2, Othakalmandapam, Coimbatore District. It is the further case of the petitioner that the respondents erected High Voltage Electric
Transformers in front of his vacant site, so as to cause hindrance to the petitioner's access to his property. Therefore, the petitioner submitted an on-line application dated 16.04.2024 with a registration No.925436, seeking shifting of Transformer. The second respondent, by the impugned order, informed the petitioner that the estimate for shifting of transformer has been prepared and permission from the superior authorities should be sought for. The petitioner was also informed that once the estimate for shifting of transformer is informed to the petitioner, the same shall be paid by him, enabling the second respondent to carry out the shifting of transformer. Aggrieved by the said communication, the petitioner has come before this court.
3. The learned Standing Counsel, on instructions from the second respondent, would submit that the second respondent is in the process of looking forward a suitable place for shifting the transformers and once suitable place is found, the estimated costs would be communicated to the petitioner. It is also submitted by the learned Standing Counsel that on payment of the estimated costs, shifting of the transformer will be carried out. He further submitted that before
communication of the estimated costs to the petitioner, he has come before this court seeking the above said prayer.
4. In view of the said submission made by the learned Standing Counsel, the second respondent is directed to consider the on-line application of the petitioner dated 16.04.2024 and pass final orders on its own merits and communicate the same to the petitioner, within a period of six weeks from the date of receipt of copy of the order.
5. With the above direction, this writ petition is disposed of. There shall be no order as to costs.
23.01.2025 Index:Yes/No Internet:Yes/No mst To
1. The Superintending Engineer, Tamil Nadu Electricity Board, TANGEDCO, Thadagam Main Road, Saibaba Colony, Coimbatore.
2 . The Assistant Engineer, Tamil Nadu Electricity Board,TANGEDCO, Othakkalmandapam, Coimbatore - 32.
S.SOUNTHAR, J.
mst W.P.No.38900 of 2024 23.01.2025