London Krishnamoorthy Matric Hr Sec School v. The Chairman Cum Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH and WMP (MD) No.5761 of 2025 London Krishnamoorthy Matric Higher Secondary School Rep. by its Correspondent J.Kaliaperumal : Petitioner Vs.

1. The Chairman Cum Managing Director, Tamil Nadu General and Distribution Corporation Limited, Chennai.

2. The District Collector, Thanjavur District, Thanjavur.

3. The Superintending Engineer, TANGEDCO, Thanjavur.

4. The Executive Engineer, TANGEDCO, 1/7

5. The Assistant Executive Engineer, TANGEDCO, : Respondents P RAYER:

Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents forthwith to shift the proposed installation of the High Tension Over Head electricity lines from the entrance of the petitioner school premises namely London Krishnamoorthy Matric Higher Secondary School, Orathanadu, Thanjavur District, so as to ensure the safety of the school children studying in the school, to any other suitable place, by considering the objections of the petitioner school dated 13.03.2025. For Petitioner : Mr.R.Ponkarthikeyan For Respondents : Mr.S.Deenadhayalan for R3 to R5 Mr.C.Venkatesh Kumar Spl. Government Pleader for R1 and R2

O R D E R

This Writ Petition has been filed seeking a direction to the the respondents forthwith to shift the proposed installation of the High Tension Over Head electricity lines from the entrance of the petitioner school premises, namely, London Krishnamoorthy Matric Higher Secondary School, Orathanadu, Thanjavur District, so as to ensure the 2/7

safety of the school children studying in the school, to any other suitable place, by considering the objections of the petitioner school dated 13.03.2025.

2. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. The petitioner's case is that the school has a single main entrance for the ingress and egress of students and staff. The respondents 3 to 5, however, commenced the installation of electricity poles for hightension overhead lines directly in front of the school, very close to the main entrance, which raises serious concerns about the safety of the students. In this regard, the petitioner submitted objections to the respondents, requesting them to halt the erection of the electricity poles and to relocate the alignment to the opposite side. However, as no action has been taken, the petitioner has now filed the present writ petition.

4. Heard the learned counsel for the parties. 3/7

5. It is needless to point out that whenever a representation/objection of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioners' objections dated 13.03.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioners, as well as all other persons, who may be interested in the subject matter, within a period of four weeks from the date of receipt of a copy of this order. Till such time, the status quo shall be maintained between the parties. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the third respondent to consider the same on its own merits. 4/7

7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

20.03.2025 Index : Yes / No Internet : Yes / No PKN To

1. The Chairman Cum Managing Director, Tamil Nadu General and Distribution Corporation Limited, Chennai.

2. The District Collector, Thanjavur District, Thanjavur.

3. The Superintending Engineer, TANGEDCO, Thanjavur.

4. The Executive Engineer, TANGEDCO,

5. The Assistant Executive Engineer, TANGEDCO, 5/7

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VIVEK KUMAR SINGH, J.

PKN W.P.(MD) No.7615 of 2025 20.03.2025 7/7