Madras High Court
Kamarajar Matriculation School vs The Superintending Engineer on 5 March, 2025
W.P.(MD).No.18820 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH
W.P.(MD)No.18820 of 2023
Kamarajar Matriculation School,
Rep. by its Correspondent,
K.Krishnamoorthy. ... Petitioner
-vs-
1. The Superintending Engineer,
Tamil Nadu Electricity Board,
Maharaja Nagar,
Tirunelveli
2. The Executive Engineer,
Tamil Nadu Electricity Board,
VM Chathiram,
Tirunelveli
3. The Assistant Engineer,
(Operation and Maintenance)
Thatchanallur,
Tirunelveli District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus to direct the respondents to shift the existing
electrical transformer situates in T.S.No.88/22, Chathiram Puthukulam
Village, Tirunelveli Taluk and District to any other convenient place, without
hindrance to the proposed additional buildings of the petitioner's school, as
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W.P.(MD).No.18820 of 2023
advised by the Joint Director of Local Planning Authority, Tirunelveli by
considering the representation of the petitioner's school dated 15.07.2023.
For Petitioner : Mr.A.Mohan
For Respondents : Mr.S.Deenadhayalan
Standing Counsel
ORDER
This writ petition has been filed seeking a direction to the respondents to shift the existing electrical transformer situated in T.S.No.88/22, Chathiram Puthukulam Village, Tirunelveli Taluk and District, to any other convenient place, without hindrance to the proposed additional buildings of the petitioner's school, as advised by the Joint Director of Local Planning Authority, Tirunelveli, by considering the representation of the petitioner's school dated 15.07.2023.
2. By consent of both parties, this writ petition is disposed at the stage of admission itself.
3. The petitioner school made a representation dated 15.07.2023 to the respondents, with regard to shifting of the existing electrical transformer situated in T.S.No.88/22, Chathiram Puthukulam Village, Tirunelveli Taluk https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:43:38 pm ) 2/6 W.P.(MD).No.18820 of 2023 and District, to any other convenient place, without hindrance to the proposed additional buildings of the petitioner's school, as advised by the Joint Director of Local Planning Authority, Tirunelveli. Since the said representation was not considered, the petitioner has filed the present Writ Petition.
4. It is needless to point out that whenever a representation 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.
5. In the light of the above observations, there shall be a direction to the third respondent to consider the petitioner's representation dated 15.07.2023 on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and all other persons, who may be interested in the subject matter, within a period of two months from the date of receipt of a copy of this order. It is also made clear that this Court has not https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2025 05:43:38 pm ) 3/6 W.P.(MD).No.18820 of 2023 expressed any of its views with regard to the merits of the matter and that it is open to the respondents to consider the same on its own merits.
6. With the above observations and directions, the Writ Petition stands disposed of. There shall be no order as to costs.
05.03.2025
NCC : Yes/No
Index : Yes / No
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W.P.(MD).No.18820 of 2023
TO:-
1. The Superintending Engineer,
Tamil Nadu Electricity Board,
Maharaja Nagar,
Tirunelveli
2. The Executive Engineer,
Tamil Nadu Electricity Board,
VM Chathiram,
Tirunelveli
3. The Assistant Engineer,
(Operation and Maintenance)
Thatchanallur,
Tirunelveli District.
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W.P.(MD).No.18820 of 2023
VIVEK KUMAR SINGH, J.
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Order made in
W.P.(MD)No.18820 of 2023
Dated:
05.03.2025
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