Madras High Court
M.G.Gopal vs The Chairman on 19 March, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.1321 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.1321 of 2024
M.G.GOPAL ... Petitioner
Vs
1. THE CHAIRMAN,
TANGEDCO,
MOUNT ROAD,
ANNA SALAI, CHENNAI- 600 002.
2. THE SUPERINTENDING ENGINEER,
CEDC/ SOUTH, 110 KV, KK NAGAR,
SS COMPLEX, KK NAGAR,
CHENNAI- 600 078.
3. THE EXECUTIVE ENGINEER,
TANGEDCO, MUDICHUR ROAD,
POOTHUTHANGAL,
TAMBARAM, CHENNAI- 600 045.
4. THE CHIEF SECRETARY,
SECRETARIAT,
FORT ST. GEORGE,
CHENNAI-600 009.
5. DIRECTOR OF MUNICIPAL ADMINISTRATION,
URBAN ADMINISTRATIVE OFFICE CAMPUS,
MRC NAGAR, CHENNAI- 600 028.
6. THE MEMBER SECRETARY,
CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY,
THALAMUTHU NATARAJAN BUILDING,
NO.1, GANDHI IRWIN ROAD,
EGMORE, CHENNAI-600 008. ... Respondents
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1/5
W.P.No.1321 of 2024
Prayer: Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Mandamus, directing the first to third respondents to
remove the entire transformer installed in front of the gate of the petitioner.
For Petitioner : No appearance
For R1 to R3 : Mr.L.Jaivenkatesh
For R4 & R5 : Dr.S.Suriya
Additional Government Pleader
For R6 : Mr.C.Manoharan
ORDER
This writ petition is filed to direct the first to third respondents to
remove the entire transformer installed in front of the gate of the petitioner.
2. The case of the petitioner is that the transformer is erected by the
respondents right in front of the gate of his property and therefore, they are
liable to shift the same.
3. The writ petition is resisted by the respondents by filing a counter
affidavit.
4. It is their case that the petitioner already has two gates for ingress and
egress for his property. After the transformer was installed, the petitioner
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willfully put up a third gate adjacent to the transformer only to contend that
the transformer is installed in front of the gate.
5. I have considered the rival case of the parties and perused the
material records of the case.
6. When it is the case of the respondents that the gate was put up
mischievously only to remove the transformer, no reply is filed to the counter
affidavit and no materials is produced by the petitioner to the contrary.
Further, it can be seen that in respect of the very same cause of action to
remove the very same transformer, the petitioner has filed civil suit in
O.S.No.3488 of 2017 on the file of the 14th Assistant City Civil Judge,
Chennai and the said suit was also dismissed by judgment and decree dated
16.12.2021.
7. In view thereof, there is no merits in the case and th writ petition
stands dismissed. No costs.
19.03.2025
Neutral Citation: Yes/No
veda
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To
1. THE CHAIRMAN,
TANGEDCO,
MOUNT ROAD,
ANNA SALAI, CHENNAI- 600 002.
2. THE SUPERINTENDING ENGINEER,
CEDC/ SOUTH, 110 KV, KK NAGAR,
SS COMPLEX, KK NAGAR,
CHENNAI- 600 078.
3. THE EXECUTIVE ENGINEER,
TANGEDCO, MUDICHUR ROAD,
POOTHUTHANGAL,
TAMBARAM, CHENNAI- 600 045.
4. THE CHIEF SECRETARY,
SECRETARIAT,
FORT ST. GEORGE,
CHENNAI-600 009.
5. DIRECTOR OF MUNICIPAL ADMINISTRATION,
URBAN ADMINISTRATIVE OFFICE CAMPUS,
MRC NAGAR, CHENNAI- 600 028.
6. THE MEMBER SECRETARY,
CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY,
THALAMUTHU NATARAJAN BUILDING,
NO.1, GANDHI IRWIN ROAD,
EGMORE, CHENNAI-600 008.
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D.BHARATHA CHAKRAVARTHY, J.
veda
19.03.2025
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