Madras High CourtWP(MD)/9348/2011dismissed

S. Rathina Sabapathy, v. The Superintendent Engineer,

2016-09-02Honourable Mr Justice K.K. Sasidharan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN W.P.(MD)No.9348 of 2011 and M.P.(MD)No.1 of 2011 S.Rathina Sabapathy : Petitioner Vs.

1.The Superintendent Engineer, TNEB, Maharajanagar, Tirunelveli-11.

2.The Executive Engineer (Urban), TNEB, V.M.Chathiram, Tirunelveli-11.

3.The Assistant Executive Engineer Urban & Construction, TNEB, Kokkirakulam, Tirunelveli-3.

4.The Assistant Executive Engineer Urban & Distribution, TNEB, Palayapettai, Tirunelveli-8.

5.The Junior Engineer, Urban & Distribution, TNEB, Pettai, Tirunelveli-4.

: Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, to forbear the respondents from installing the Transformer in front of the petitioner's land in Survey Nos.94/1A and 94/1B situated at Pettai Village, now 44th Ward, Cheranmahadevi Road, Tirunelveli Corporation, in T.S.Ward No.6, Block 22, T.S.No.2658/1B and T.S.No.2658/4 and consequently, direct the respondents to remove the already installed poles and to arrange some other place to install the Transformer.

For Petitioner : Mr.A.Thirukumaran For Respondents : Mr.G.Kasinathadurai https://hcservices.ecourts.gov.in/hcservices/ ******

ORDER

****** The petitioner filed this Writ Petition to restrain the respondents form installing a Transformer in front of his property in Survey Nos.94/1A and 94/1B, Pettai Village, Tirunelveli Corporation,

2. The Assistant Executive Engineer, the fourth respondent herein filed a counter-affidavit, wherein it was indicated that the Electricity Board has already erected the transformer about 7 feet away from the property of the petitioner. According to the Electricity Board, the transformer is situated 3 metres from the National Highways and 7 feet from his property and as such, it would not be an obstruction to him. In view of the counteraffidavit filed by the fourth respondent, nothing survives for adjudication insofar as the prayer for Mandamus is concerned. It is always open to the petitioner to challenge the act of the respondents in installing a Transformer, if he is so advised. In any case, there is no question of issuing a Mandamus after erection of the Transformer.

3. The Writ Petition is dismissed with the above observation. No costs. Consequently, the connected miscellaneous petition is also dismissed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub-Assistant Registrar To 1.The Superintendent Engineer, TNEB, Maharajanagar, Tirunelveli-11.

2.The Executive Engineer (Urban), TNEB, V.M.Chathiram, Tirunelveli-11.

3.The Assistant Executive Engineer, Urban & Construction, TNEB, Kokkirakulam, Tirunelveli-3.

4.The Assistant Executive Engineer, Urban & Distribution, TNEB, Palayapettai, Tirunelveli-8.

5.The Junior Engineer, Urban & Distribution, TNEB, Pettai, Tirunelveli-4.

SML RL/6C/2P/SKS/RR/21/9/2016 Order made in W.P.(MD)No.9348 of 2011 Dated: 02.09.2016 https://hcservices.ecourts.gov.in/hcservices/