Vellalar Urvinmurai Sangam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2015 CORAM :

THE HONOURABLE MR.JUSTICE R.SUDHAKAR and THE HONOURABLE MS.JUSTICE V.M.VELUMANI Writ Petition (MD) No.11937 of 2014 Vellalar Uravinmurai Sangam rep.by its President V.Rathinakiri ... Petitioner Vs.

1.The District Collector, Madurai - 625 020.

2.The Chairman Electricity Department, Tamil Nadu Electricity Board, Chennai - 600 002.

3.The Superintending Engineer Tamil Nadu Electricity Board, K.Pudur, Madurai - 625 007.

4.The Executive Engineer (O & M), Tamil Nadu Electricity Board, Usilampatty - 626 532, Madurai District.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 1st respondent to sanction the fundamental need funds as per the proceeding in Na.Ka.No.A3/1318/2012 dated 17.8.2012 to the 4th respondent for shifting the five transformers which are in the middle of the road to the corner of the road under DCW Scheme without insisting any payment to this petitioner and all the villagers in the Vadivelkarai Village and to complete the work by the 4th respondent and pass such other further or other order as this High Court.

For Petitioner : Mr.R.Nandakumar For R - 1 : Mr.A.K.Baskarapandian Special Government Pleader.

For R - 2 : No appearance For Rr - 3 & 4 : Mrs.S.Srimathy

ORDER

(Order of the Court was made by R.SUDHAKAR,J.) This writ petition has been filed in public interest, seeking a Writ of Mandamus to direct the fourth respondent to shift the five transformers, which are in the middle of the road in Vadivelkarai Village, to the corner of the road.

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2. Heard both sides.

3. Though the petitioner has sought for the relief as above, the learned Counsel for the petitioner would submit that the representation of the petitioner dated 09.06.2014 may be directed to be considered by the first respondent.

4. Accordingly, without going into the merits of the petitioner's claim, the first respondent is directed to verify the nature of the complaint made by the petitioner and consider the representation of the petitioner dated 09.06.2014 on its own merit and in accordance with law. It is made clear that this Court has not expressed any opinion on the merits of the case and the authority concerned is free to deal with the matter on its own merit as per law.

5. With the above direction, this writ petition stands disposed of. No costs Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar mj To 1.The District Collector, Madurai - 625 020.

2.The Chairman, Electricity Department, Tamil Nadu Electricity Board, Chennai - 600 002. 3.The Superintending Engineer, Tamil Nadu Electricity Board, K.Pudur, Madurai - 625 007.

4.The Executive Engineer (O & M), Tamil Nadu Electricity Board, Usilampatty - 626 532, Madurai District.

+one cc to M/s.R.NandaKumar, Advocate in SR.No.50966 Writ Petition (MD) No.11937 of 2014 01.09.2015 CSL/NGM-SS/15.09.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/