HON’BLE MRS JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.5978 OF 2025

ORDER:

Heard Sri Vemuganti Mahesh Kumar, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Energy, appearing on behalf of respondent No.1, Sri P. Prasad, learned Standing Counsel for TGERC, appearing on behalf of respondent No.2, Sri N. Sreedhar Reddy, learned Standing Counsel for TGSPDCL, appearing on behalf of respondent Nos.3,6 and 7 and Sri Krishna Reddy Putta, learned Standing Counsel for Municipalities, appearing on behalf of respondent No.5.

2. The petitioner approached the Court seeking prayer as under:

“ …to issue writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents 2, 3, 6 and 7 constructing new 33KV/11KV Outdoor Electric Sub-Station in the land measuring 13 equivalent to 1331 Sq. yards or 1113 Sq meters in Survey No.17 of Myianpur Village, H/o Boduppal Village of Medipally Mandal, Medchel- Malkajigiri District close to the residential colony without following public safety measures is bad, arbitrary, void, illegal violation of Section 53 of the Electricity Act, 2003 and against the principles of natural justice and violation of the Article 21 of the Constitution of India consequently direct the Respondents 2, 3, 6 and 7 to stop construction of sub-station in the proposed site close to residential colony affecting lives of residents of petitioner colony and pass…”.

3. The case of the petitioner, in brief, is that the petitioner is the elected treasurer for the petitioner society. The petitioner colony has six streets and behind their houses in 6^th street of the petitioner colony, certain Government land admeasuring 11 guntas equivalent to 1331 sq. yards or 1113 sq. meters in Sy.No. 17 of Myianpur village of Medipally Revenue Mandal, Medchel Malkajgiri District is available. The petitioner requested the 5^th respondent Municipal Corporation to allot the said land in Sy.No. 17 for park and open Gym through several representations and the said land was allotted to the petitioner society. However, through contract allotted to respondent Nos.2, 3, 6 & 7 for construction of outdoor Electric Substation in the said land, the said respondents started leveling the land and dug out pillar holes. The petitioner submitted a representation dated 12.02.2025 to the 4^th respondent and the petitioner also submitted representations to 6^th and 7^th respondents on 15.02.2025 requesting to stop construction of 33KV/11KV Electric Sub-station but the respondents have not acted upon the said representations. The respondents without considering the grievance of the petitioner started construction of 33 KV/11KV sub-station very close to the residential houses. Aggrieved by the same, the petitioner approached the Court by filing the present writ petition.

4. The learned counsel appearing on behalf of the petitioner submits that the grievance of the petitioner as put forth by the petitioner vide representation dated 12.02.2025 addressed to the 4^th respondent and representation dated 15.02.2025 addressed to the 7^th respondent herein i.e. the Assistant Engineer, Boduppal may be directed to be considered by the said authorities in accordance to law within a reasonable period.

5. The learned Standing Counsel appearing on behalf of the respondent Nos. 3, 6 and 7 does not dispute the said submission made by the learned counsel appearing on behalf of the petitioner.

6. Taking into consideration :

(a) The aforesaid facts and circumstances of the case, (b) The submissions of the learned counsel appearing on behalf of the petitioner and the learned Standing Counsel for TGSPDCL, appearing on behalf of the respondents, The writ petition is disposed of directing the 4^th and 7^th respondents to consider the grievance of the petitioner as put forth to the 4^th respondent vide representation of the petitioner dated 12.02.2025 and further the grievance of the petitioner as put forth vide repre