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HIGH COURT OF MADRAS
D.Bharatha Chakravarthy, J
P.A.Sukumar – Appellant
Versus
The Superintending Engineer, Tamilnadu Generation and Distribution Corporation Ltd (TANGEDCO) – Respondent
| Table of Content |
|---|
| 1. request for shifting transformer blocking access. (Para 1 , 2) |
| 2. legal arguments regarding physical blockage by equipment. (Para 3 , 4 , 5) |
| 3. court's determination of adequate access despite transformer placement. (Para 6) |
| 4. final ruling regarding petitioner's request and directions for utility adjustments. (Para 7) |
ORDER
This Writ Petition is filed for a Mandamus directing the respondents to shift the transformer with stay pole kept in front of the petitioner's land in Natham Survey No.333/30 at Peruthalaiyur village, Bhavani taluk, Erode district.
2. The grievance of the petitioner is that the transformer, which was installed in front of the petitioner's property, is blocking his ingress and egress to his property. As such, he made a request to shift the transformer. When the request was received, the authorities are requesting the petitioner to pay the shifting charges.
3. The learned Counsel for the petitioner, relying upon Section 17 of the Indian Telegraph Act , 1885, would submit that when an installation is in such a manner so as to block the ingress and egress, it is the duty of the respondents to shift the same or pay compensation to the petitioner. The pet
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