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2015 DIGILAW 490 (MAD)

TVL. G. C. Nataraja Chettiyar & Others Family Trust, Rep by its Trustee v. Chairman, Tamil Nadu Electricity Board

2015-01-29

M.DURAISWAMY

body2015
JUDGMENT M. DURAISWAMY, J. 1. The above writ petition has been filed by the petitioner to issue a Writ of Mandamus directing the respondents 1 to 3 to immediately remove the Transformer in Luckmudoss Street, Chennai, causing obstruction to the passage (Mada Veethi) of Lord Muthukumaraswamy Temple Car and also other Temple Car and big Vaganam. 2. It is the case of the petitioner that the Temple is celebrating the festivals during this period for more than 300 years. During spiritual seasons, the devotees used to take the Temple Car with the Lord Muthukumaraswamy around the streets. 3. According to the petitioner, the width of the road is 16 feet, while so, on 24.3.2014, the respondents erected Electricity Transformer and has erected electricity poles. Further, according to the petitioner, erection of the Transformer would affect the free movement of the Temple Car during the celebration of the Temple festivals. 4. Further the petitioner has stated that when the Temple Cars of Lord Muthukumaraswamy and Lord Ekambareswarar are driven out from the temple, since the road is narrow, the gigantic Temple Cars are facing very many difficulties in driving on these congested roads. 5. Therefore, on 25.3.2014, the petitioner gave a representation to the respondents 2 and 3 to remove the said Transformer, which obstructs the passage of the Temple Car, however, the respondents have not taken any steps to remove the poles, which they have erected. 6. That apart, the petitioner has also stated that there is another Transformer installed approximately 500 mts from the present place, chosen by the petitioner for installing the Transformer. 7. The third respondent has filed his counter, wherein, in paragraph-8 of the affidavit, he has stated that if the petitioner wants the Transformer to be shifted, they will have to show the place, where it shall be shifted and if it is technically feasible, they should pay the necessary charges for shifting the Transformer. 8. When this matter was taken up yesterday, the learned counsel for the respondents 1 to 3 submitted that installation of the Transformer will not affect the free movement of the Temple Car. Hence this court directed the respondents 1 to 3 to file an affidavit to that effect. However, the authorities did not file any affidavit before this Court to the effect that the installation of the Transformer would not affect the free movement of the Temple Car. 9. Hence this court directed the respondents 1 to 3 to file an affidavit to that effect. However, the authorities did not file any affidavit before this Court to the effect that the installation of the Transformer would not affect the free movement of the Temple Car. 9. The 4th respondent, The Assistant Commissioner of H.R. & C.E filed her counter, wherein, she has stated that installation of the Transformer in the street would definitely affect the free movement of the Temple Car and further, she has stated that the Temple festival is being celebrated for more than with 300 years. Hence she has prayed for shifting the Transformer to some other place. 10. When the matter was taken up today, the third respondent viz. The Executive Engineer, Tamil Nadu Electricity Board, was present in the Court and on instructions from the third respondent, learned counsel for the respondents 1 to 3 submitted that the respondents 1 to 3 have decided to replace the existing Transformer with Ring Main Unit (RMU), which is smaller in size. 11. Further, the learned counsel submitted that if RMU is installed, it will not affect the free movement of the Temple Car. However, the learned counsel further clarified that even if RMU is installed in the said place, definitely there will be a projection of 4 feet on the road. Since it was submitted that even in the case of replacing the Transformer with RMU, it will cause projection to a length of 4 feet on the road and it will also cause hindrance to the movement of the Temple Car for the reason that the width of the Temple Car, according to the learned counsel for the 4th respondent and the petitioner, is 16 feet, which is also the width of the road. 12. It is brought to the notice of this court that the Temple Car festival is to be celebrated by the Temple on 31.1.2015 by 5.00 p.m. 13. If the Transformer is allowed to function in the same place at the time of Temple Car festival, which is being celebrated every year by the Temple, it may endanger to the devotees and the public, in case the Temple Car comes into contact with the Transformer. If the Transformer is allowed to function in the same place at the time of Temple Car festival, which is being celebrated every year by the Temple, it may endanger to the devotees and the public, in case the Temple Car comes into contact with the Transformer. Since the present location of the Transformer would cause danger to the public and also to the devotees, who participate in the Temple Car festival, it would appropriate to remove the Transformer from the existing place. Further, the sentiments of the devotees should be given top most priority, coupled with their safety. When the Temple Car is crossing only through this street for the past three centuries, one cannot expect the temple authorities to change the route of the Temple Car, for the reason that the respondents 1 to 3 had installed the Transformer, obstructing the free movement of the Temple Car. 14. Having regard to the submissions made by the learned counsel on either side and also taking note of the submissions made by the learned counsel for the respondents 1 to 3, I direct the respondents 1 to 3 to remove the Transformer located in Lukmudoss Street, Chennai forthwith and it is open to the respondents 1 to 3 to re-locate the Transformer or RMU in some other suitable place, without causing hindrance to the public. 15. For the foregoing reasons, the respondents 1 to 3 are directed to remove the Transformer immediately, enabling the Temple to celebrate the Car festival on 31.1.2015. 16. With the above observation, the writ petition is allowed. No costs.