A. Vinoth Raj, v. The Chairman,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI A. Vinoth Raj

...Petitioner

Vs.

1. The Chairman, NPKRR Maligai, No.144, Annasalai, Chennai - 600 002.

2. The Chief Engineer, NPKRR Maligai, No.144, Anna Salai, Chennai - 2.

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3. The Assistant Executive Engineer, Dindigul Electricity Distribution Circle, Angu Nagar, Dindigul (West), Dindigul District. .....Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the third respondent to remove the high tension voltage transformer installed in front of petitioner's plot bearing No.37 situated in survey No.367/1B Seelapadi Village, Dindigul Taluk, Dindigul District, with out considering his representation, dated 01.03.2016 and without out getting permission from the District Magistrate as contemplated under section 16 of the Indian Telegraph Act, 1885. For Petitioner : Mr.D. Selvaraj For Respondents : Mr.S. Deenadhayalan Standing Counsel 2/6

O R D E R

The petitioner with a grievance that the respondent Board have erected the transformer in front of his property and has occupied half of the property, he has submitted a representation to shift the transformer and filed this Writ Petition in the year 2016.

2. The learned Standing Counsel appearing for the respondents submits that the transformer was erected in the year 2016 and it is in existence for the past 7 years and it is not feasible to remove the transformer as on this date. He further submits that the transformer has been erected only at the request of the panchayat President and also in the place identified by the panchayat President.

3. This Court considered the rival submissions made on either side.

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4. In the event, if the petitioner is preferred to pay the required amount for shifting the transformer and if any other feasible place is available to the respondent Board for shifting the transformer, then the respondent Board shall consider the representation of the petitioner sympathetically.

5. With the above direction, this Writ Petition is disposed of. No costs.

04.10.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No RM 4/6

To

1. The Chairman, NPKRR Maligai, No.144, Annasalai, Chennai - 600 002.

2. The Chief Engineer, NPKRR Maligai, No.144, Anna Salai, Chennai - 2.

3. The Assistant Executive Engineer, Dindigul Electricity Distribution Circle, Angu Nagar, Dindigul (West), Dindigul District.

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B.PUGALENDHI, J.

RM Order made in 04.10.2023 6/6