M/S. Madurai District Pandian Consumers Cooperative v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.3888 of 2022 M/s.Madurai District Pandian Consumers - Cooperative Wholesale Stores Limited, Rep by its Joint Registrar / Managing Director, 216, P.P.Savadi (Mudakku Salai), Theni Main Road, Madurai.

... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Commissioner, Madurai Corporation, Madurai.

3.The Chief Engineer, Madurai,Region, Tamil Nadu Generation and Distribution Corporation, TNEB Complex, Race Course Road, K.Pudur, Madurai.

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4.The Superintending Engineer, Tamil Nadu Generation and Distribution Corporation, TNEB Complex, Race Course Road, K.Pudur, Madurai.

5.The Assistant Executive Engineer, Tamil Nadu Generation and Distribution Corporation, Arasaradi, Madurai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the respondents 3 to 5 from erecting High Tension Transformer in front of the Head Office of Madurai District Pandian Consumers Cooperative Wholesale Stores Ltd., at Door No.216, P.P.Savadi (Mudakku Salai) Theni Main Road, Madurai by preventing ingress and egress of the office and consequential direction to remove and shift / re-locate the existing Transformer in front of the Head Office building. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1.

Mr.S.Vinayak, Standing Counsel for R2.

Mr.S.Deenadhayalan, Standing Counsel for R3 to R5.

ORDER

Heard the learned counsel on either side.

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2.The case of the petitioner is that there is an existing transformer located in front of the petitioner's building. The petitioner apprehends that another transformer is also going to be located and in that event, the petitioner's access rights will be severely infringed. That is why, this Court had granted interim order on 16.03.2022. 3.Today, when the matter was taken up for hearing, the learned standing counsel submitted that the concerns of the petitioner will be fully taken care and that there will not be any erection of second transformer in front of the petitioner's building and that it is going to be shifted to some other site.

4.Recording the said submission, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 05.10.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/4

G.R.SWAMINATHAN, J.

ias To:- The District Collector, Madurai District, Madurai.

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