Dismissed

V.Jothi Bai, v. The Chairman

Madras HC26 Apr 2016WP/9299/2016

Case brief

AI extract

What is this about?

The Court dismissed the petitioner's writ petition seeking removal of an electrical post. Relying on a site inspection report, the Court held the petition was not feasible at the time. The Assistant Engineer was directed to communicate the report as a formal order to enable the petitioner to approach the consumer forum judicially. Consequently, the connected miscellaneous petition was closed.

What did the court decide?

the petitioner directed to approach the competent authority for remedy based on the report; mutual litigation closed.

V.Jothi Bai, Vs The Chairman — Landlord and Tenant | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

Dated : 26.04.2016

¶3

Coram

¶4

The Hon'ble Mr.Justice T.S.Sivagnanam

¶5

Writ Petition No.9299 of 2016

¶6

V.Jothi Bai ...Petitioner
Vs.
1. The Chairman,
Tamil Nadu Electricity Board,
Mount Road, Chennai.
2. The Divisional Engineer,
Tamil Nadu Electricity Board,
Thiruvallur.
3. The Junior Assistant Engineer,
Tamil Nadu Electricity Board,
Thiruvallur.
...Respondents
Writ Petition filed under Article 226 of the Constitution
of India, for issuance of Writ of Certiorarified Mandamus to
call for records and to quash the impugned order of the third
respondent, dated 12.01.2016, and to issue a writ, in the nature
of mandamus, directing the respondents to remove the electrical
post in front of the petitioner's house at No.134, Ponniyamman
Koil Street, Nethaji Salai, Thiruvallur.

¶7

For Petitioner : Mr.S.Shankar

¶8

For Respondents : Mr.S.K.Raameshwar

¶9

Standing Counsel

¶10

O R D E R Heard Mr.S.Shankar, learned counsel appearing for the petitioner and and Mr.S.K.Raameshwar, learned Standing Counsel for respondents.

¶11

The petitioner has filed this Writ Petition to quash the proceeding of the third respondent, dated 12.01.2016, and to direct the respondents to remove the electrical post in front of the petitioner's house at No.134, Ponniyamman Koil Street,

¶12

https://hcservices.ecourts.gov.in/hcservices/

¶13

Nethaji Salai, Thiruvallur.

¶14

On an earlier occasion, when this Writ Petition was entertained, this Court directed the respondents to analyze the matter, and submit a report. Accordingly, a report has been submitted by the Assistant Engineer, O & M, Town Thiruvallur, KEDC, Thiruvallur, addressed to the Standing Counsel, High Court, Madras, dated 14.03.2016, wherein, the following stand has been taken:-

¶15

" While inspecting the site, it is seen that the electric pole, located at site is in good condition. The electric wires, supplying electricity to the consumer's premises is also not damaged one. The The request of the petitioner to shift the electric pole to some other appropriate place is not possible, as the electrical pole is placed at the end of the consumer's compound, and the rod goes to the Government School, since, it is tail end pole, where, there is Government School and electric wire of the adjacent house cross over the consumer's premises, and if the pole moving in front in between consumer's house and neighbor house is shifted, the pole stay wire or stud pole will run in front of the consumer's premises (Jothibai) since it is at tail end, as clearly shown in the photo copies. Hence, it is not possible to move the pole and also the service wire not crossing the consumer (Jothibai) premises "

¶16

In the light of the above stand taken by the respondent-Board, the prayer sought for by the petitioner is not feasible for consideration at this juncture. However, the Assistant Engineer, O & M, Town Thiruvallur, KEDC, Thiruvallur, is directed to communicate the above findings/report, in the form of order, so as to enable the petitioner to workout his remedy in the manner known to law.

¶17

With the above observation, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

-s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

¶22

https://hcservices.ecourts.gov.in/hcservices/

¶23

¶24

The Chairman,
Tamil Nadu Electricity Board,
Mount Road, Chennai.
2. The Divisional Engineer,
Tamil Nadu Electricity Board,
Thiruvallur.
3. The Junior Assistant Engineer,
Tamil Nadu Electricity Board,
Thiruvallur.
4. The Assistant Engineer
O & M/Town Thiruvallur KEDC Thiruvallur
+1 cc to Mr.S.K.Ramesh Kumar Advocate sr 25976
+1 cc to Mr.S.Shankar Advocate sr.25992
Writ Petition No.9299 of 2016
rsy(co)
aa11/05/2016

¶25

https://hcservices.ecourts.gov.in/hcservices/

V.Jothi Bai, v. The Chairman

Case brief

What is this about?

What did the court decide?

V.Jothi Bai, v. The Chairman

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

V.a.Purushothaman, Vs The Secretary to Government

A.Chandran Vs The District Collector

Vastra Textiles, Vs State of Tamil Nadu

M.R.Padmaja Vs The Commissioner

The Correspondent Vs the Controlling Authority

V.Karuppusamy Vs Deputy Registrar of Coop.