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Madras High Court

P. Tarachand Bhandari vs The Chairman on 3 August, 2022

Author: Abdul Quddhose

Bench: Abdul Quddhose

                                                                       W.P.No.19655 of 2022


                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                               DATED: 03.08.2022

                                                    CORAM:

                                  THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

                                               W.P.No.19655 of 2022

                     P. Tarachand Bhandari                            ... Petitioner
                                                       vs.
                     1. The Chairman,
                     Tamil Nadu Generation and Distribution
                           Corporation Ltd.,
                     Mount Road,
                     Chennai.

                     2. The Executive Engineer,
                     Tamil Nadu Generation and Distribution
                           Corporation Ltd.,
                     TNEB/Central/Chennai,
                     Nungambakkam,
                     Chenani -600 034.

                     3. The Superintendent Engineer,
                     Tamil Nadu Generation and Distribution
                           Corporation Ltd.,
                     TNEB/Central/Chennai,
                     Nungambakkam,
                     Chennai -600 034.

                     4.The Assistant Executive Engineer,
                     Tamilnadu Generation and Distribution
                           Corporation Limited,
                     TNEB/Central/Chennai,
                     Tanikachalam Road, T.Nagar, Chennai – 600 017.

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https://www.mhc.tn.gov.in/judis
                                                                                      W.P.No.19655 of 2022




                     5.The Assistant Engineer,
                     Tamilnadu Generation and Distribution
                           Corporation Limited,
                     TNEB/Central/Chennai,
                     Tanikachalam Road,
                     T.Nagar, Chennai – 600 017.                                ... Respondents


                     Prayer: Writ petition filed under Article 226 of the Constitution of India for
                     writ of Mandamus directing the respondents herein to remove the
                     transformer placed in my premises at N.57/29, G.N. Chetty Road, T. Nagar,
                     Chennai – 600 017.

                                        For Petitioner  : Mr.V. Sakkarapani
                                        For Respondents : Mr.L. Jaivenkatesh,
                                                          Standing counsel for TNEB.


                                                           ORDER

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

2. Mr.L.Jaivenkatesh,learned Standing counsel accepts notice for the respondents / TNEB.

3. This writ petition has been filed for a Mandamus seeking for a direction to the respondents to remove the Transformer placed in the petitioner's premises at No.57/29, G.N. Chetty Road, T. Nagar, Chennai – 600 017.

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4. According to the petitioner, the Transformer, which has been placed in the aforementioned property which belongs to him is dangerous and therefore, he has requested the respondents to remove the same by giving representations.

5. Heard Mr.Sakkarapani, learned counsel for the petitioner and Mr.L.Jaivenkatesh, learned Standing counsel for the respondents / TNEB.

6. On instructions, the learned Standing counsel for the respondents would submit that the respondents are willing to shift the Transformer from the petitioner's property provided the petitioner pays the necessary charges for the same.

7. The learned counsel for the petitioner on instructions would submit that the petitioner is willing to pay the charges as stipulated by the respondents for shifting the Transformer from his property.

8. After recording the rival submissions, this writ petition is disposed of by directing the 3rd respondent to intimate the petitioner the charges that 3/6 https://www.mhc.tn.gov.in/judis W.P.No.19655 of 2022 will have to be paid by him for shifting of Transformer from Door No.57/29, G.N. Chetty Road, T. Nagar, Chennai – 600 017 to any other suitable place, within a period of two weeks from the date of receipt of a copy of this order.

On receipt of the said intimation, the petitioner shall pay the charges as stipulated by the 3rd respondent, within a period of one week thereafter. On receipt of the charges, the 3rd respondent shall shift the Transformer from Door No.57/29, G.N. Chetty Road, T. Nagar, Chennai – 600 017 to any other suitable place of their choice, within a period of two weeks, thereafter.

9. With the aforesaid direction, this writ petition is disposed of. No costs.

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1. The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., Mount Road, Chennai.

2. The Executive Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., TNEB/Central/Chennai, Nungambakkam, Chennai -600 034.

3. The Superintendent Engineer, Tamil Nadu Generation and Distribution Corporation Ltd., TNEB/Central/Chennai, Nungambakkam, Chennai -600 034.

4.The Assistant Executive Engineer, Tamilnadu Generation and Distribution Corporation Limited, TNEB/Central/Chennai, Tanikachalam Road, T.Nagar, Chennai – 600 017.

5.The Assistant Engineer, Tamilnadu Generation and Distribution Corporation Limited, TNEB/Central/Chennai, Tanikachalam Road, T.Nagar, Chennai – 600 017.

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