M.Stalin Vinoba v. The Chief Engineer(Personal)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2016
CORAM:
THE HONOURABLE DR.JUSTICE S.VIMALA W.P(MD)No.21899 of 2016 M.Stalin Vinoba : Petitioner Vs.
1.The Chief Engineer (Personal), NPKKR Maligai, Anna Salai, Chennai - 600 002.
2.The Superintendent Engineer (S.E.), Nagercoil, Kanyakumari District.
3.The Assistant Executive Engineer (AEE), Kuzhithurai, Vilavankodu Taluk, Kanyakumari District.
4.The Assistant Engineer, Arumanai Post, Vilavankodu Taluk, Kanyakumari District.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the the fourth respondent to relocate the transformer which is erected in front of the petitioner's house situated at Villankodu Village, Vilavankodu Taluk, Kanyakumari District based on his representation, dated 18.10.2016.
For Petitioner : Mr.M.Subash Babu For Respondents : Mr.A.U.Ramanathan
O R D E R
This writ petition has been filed for issuance of Writ of Mandamus, directing the the fourth respondent to relocate the transformer, which is erected in front of the petitioner's house, situated at Villankodu Village, Vilavankodu Taluk, Kanyakumari District, by considering his representation, dated 18.10.2016.
2.Heard the learned counsel appearing for the petitioner and the learned counsel for the respondents.
3.The brief facts leading to the filing of this writ petition are as follows:
The petitioner has purchased a house site measuring 11⁄4 cents situated at Vellankodu Village, Vilavankodu Taluk, Kanyakumari District, by a registered sale deed, dated 02.07.2009. He decided to demolish the old house situated in the site and to construct a new house. He also obtained approval from the concerned authorities. But, all of a sudden, the fourth respondent has erected a transformer in front of his house. Therefore, the petitioner has sent a detailed representation to the respondents to relocate the transformer to some other place. As there was no response, this writ petition has been filed.
4.The learned counsel for the petitioner would submit that by the representation dated 18.10.2016, the petitioner made a request to the respondents to relocate the transformer, which is erected in front of the petitioner's house situated at Vellankodu Village, Vilavankodu Taluk, Kanyakumari District.
5.The learned counsel appearing for the respondents would submit that it is agreeable for the fourth respondent to consider the representation of the petitioner and to pass appropriate orders within a period of four weeks.
6.Recording the submission made by the learned counsel appearing for the respondents, the fourth respondent is directed to consider the representation of the petitioner dated 18.10.2016 and to pass orders on merits and in accordance with law and to take appropriate action, within a period of four weeks, from the date of receipt of a copy of this order.
7.With the above direction, this writ petition is disposed of. No costs.
Sd/ Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar.
To 1.The Chief Engineer (Personal), NPKKR Maligai, Anna Salai, Chennai - 600 002.
2.The Superintendent Engineer (S.E.), Nagercoil, Kanyakumari District.
3.The Assistant Executive Engineer (AEE), Kuzhithurai, Vilavankodu Taluk, Kanyakumari District.
4.The Assistant Engineer, Arumanai Post, Vilavankodu Taluk, Kanyakumari District.
+1CC to M/S.M.Subash Babu, Advocate, SR.No. 71611 ORDER MADE IN W.P(MD)No.21899 of 2016 22.11.2016 smn AM/EM MPA/05.01.2017/3P/6C