Madras High Court
T.Elangovan vs The Tamil Nadu Electricity Ombudsman on 6 August, 2024
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.14553 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.08.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.14553 of 2022
and
W.M.P.No.14553 of 2022
T.Elangovan ... Petitioner
Vs.
1. The Tamil Nadu Electricity Ombudsman,
4th Floor, SIDCO Corporate Office Building,
Thiru-Vi-Ka Industrial Estate,
Guindy, Chennai – 600 009.
2. The Chief Engineer / Distribution,
Chennai South Region,
TANGEDCO, 5A Block, Electricity Avenue,
802, Anna Salai, Chennai – 600 002.
3. The Superintending Engineer,
Chennai Electricity Distribution Circle / South-II,
TANGEDCO, 110 KV SS Complex,
KK Nagar, Chennai – 600 078.
4. The Executive Engineer O&M/Adyar,
Chennai Electricity Distribution Circle / South-II,
TANGEDCO, 110 KV Tidel Park SS Complex,
Tharamani, Chennai – 600 009. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
seeking for issuance of a Writ of Certiorarified Mandamus to call for the
records relating to the order of the first respondent made in A.P.No.07 of
2022 dated 08.04.2022 and to quash the same and consequently direct the
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W.P.No.14553 of 2022
fourth respondent to remove the existing Electrical Transformer erected by
obstructing major portion of the frontage of petitioner's piot situated at Plot
No.69, 1st Main Road, CLRI Nagar, Neelankarai, Chennai – 600 115.
For Petitioner : M/s.S.Abu Backer Sidhiq
For Respondents : Mr.L.Jai Venkatesh TNEB
ORDER
This writ petition has been filed seeking to quash the proceedings of the first respondent made in A.P.No.07 of 2022 dated 08.04.2022 and to consequently direct the fourth respondent to remove the existing Electrical Transformer erected by obstructing major portion of the frontage of petitioner's plot situated at Plot No.69, 1st Main Road, CLRI Nagar, Neelankarai, Chennai – 600 115.
2. It is the case of the petitioner that in the year 1986, the Central Leather Research Institute - CLRI Housing Society (Registered) had developed the CLRI Nagar Layout having around 250 housing plots situated in Neelankarai, Chennai and one of which has been purchased by the petitioner marked as Plot No.69, which is a cornered plot situated in the junction of the main roads. It is stated that an electrical transformer was erected obstructing the entire frontage of the petitioner's plot. Based on the assurance given by the association that the said transformer would be 2/6 https://www.mhc.tn.gov.in/judis W.P.No.14553 of 2022 relocated, the petitioner has purchased the said plot. However, even after a lapse of ten years, the respondent authorities have not taken any steps to shift the said transformer. With regard to the shifting of transformer in an alternative location, the petitioner has made a complaint before the Consumer Grievance Redressal Forum, Chennai (in short ' CGRF') and the CGRF vide order dated 15.12.2021 has directed the respondents to inspect the site and the newly erected pillar box to be located within the extent of structure of 10 feet width. Aggrieved by the same, the petitioner preferred an appeal before the first respondent in A.P.No.7 of 2022, however, the first respondent vide order dated 08.04.2022 has issued a direction to the third respondent to shift the said electrical transformer from its existing location to some other feasible location only if incurred cost is borne by the petitioner. Challenging the same, the present writ petition has been filed.
3. The learned counsel for the petitioner submits that a portion of the petitioner's property is under acquisition proceedings initiated by the Tamil Nadu State Highways Department for expansion of road. Though the petitioner has filed the above writ petition seeking the aforesaid relief, however, at the time of arguments, he restricted his prayer and sought a 3/6 https://www.mhc.tn.gov.in/judis W.P.No.14553 of 2022 direction to the respondents to shift the transformer situated in the petitioner's plot to an alternative location without affecting the ingress and egress to the petitioner's plot.
4. The learned counsel for the respondents submits that in the event of land acquisition if, necessity arises, the transformer situated in the petitioner's plot will be shifted to some other place without affecting the path to the petitioner's plot.
5. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondent and perused the materials placed on record.
6. In the light of the above submissions, this Court directs the respondents to shift the transformer to an alternative site, if necessity arises during the land acquisition proceedings without affecting the ingress and egress to the petitioner's plot.
7. With above direction, this writ petition is disposed of. No costs. Consequently connected miscellaneous petition is closed. 4/6 https://www.mhc.tn.gov.in/judis W.P.No.14553 of 2022 06.08.2024 Speaking Order/ Non Speaking Order : Yes / No Index: Yes/ No rap To
1. The Tamil Nadu Electricity Ombudsman, 4th Floor, SIDCO Corporate Office Building, Thiru-Vi-Ka Industrial Estate, Guindy, Chennai – 600 009.
2. The Chief Engineer / Distribution, Chennai South Region, TANGEDCO, 5A Block, Electricity Avenue, 802, Anna Salai, Chennai – 600 002.
3. The Superintending Engineer, Chennai Electricity Distribution Circle / South-II, TANGEDCO, 110 KV SS Complex, KK Nagar, Chennai – 600 078.
4. The Executive Engineer O&M/Adyar, Chennai Electricity Distribution Circle / South-II, TANGEDCO, 110 KV Tidel Park SS Complex, Tharamani, Chennai – 600 009.
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