This writ petition has been filed by Mr.S.Mohammed Ahmed seeking issuance of a writ of mandamus, directing the respondents to remove the transformer pillars erected on the southern side of the petitioner's property bearing Door No.54, Mahfuz Khan Garden Street, George Town, Chennai to other suitable place.
2. Learned counsel for the petitioner submitted that the property bearing Door No.54, Mahfuz Khan Garden Street, George Town, Chennai was originally owned by his grandfather K.Md.Ibrahim and after his demise, the said property along with other properties devolved upon him as well as his brothers, sisters and aunt, namely, Mr.S.Md.Badrudduja, Mr.S.Kassim, Ms.S.Durrai Shahwar, Ms.S.Zohra Parweez, Ms.S.Nayyar Sulthana and Ms.Habibunnissa respectively. Subsequently, a partition also took place between the family members and the same was also registered in Document No.1068 of 2000 on the file of the Sub Registrar, Sowcarpet. While so, on the south eastern end of the portion allotted to the petitioner, a transformer has been commissioned, which is posing a severe threat. Moreover, the transformer is lying in a precarious condition and also causing hindrance and obstruction to the usage of the property by the petitioner. As the respondents have now proposed to put up an additional transformer, he has given a representation on 7.12.2016 to stop the installation of the additional transformer, as the same hinders the ingress and egress to his property. But the respondents have not chosen to consider the same. Therefore, a direction should be issued to the respondents to consider the same and thereafter to proceed in the manner known to law, he pleaded.
3. On the other hand, the learned counsel for the respondents submitted that if the representation of the petitioner is considered, no electricity connection can be given to the residents of the locality in question, which would in turn cause innumerable problems.
4. This Court finds merit in his submissions. This apart, the petitioner cannot come to this Court seeking for an injunction not to put up any additional transformer. When the Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), has taken a decision after identifying the needs of the people in the locality in question, this Court may not be in a position to sit on appeal. Therefore, the writ petition fails and it is dismissed. No costs.