S.Rajendran (Deceased) v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 15.03.2024
CORAM
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
1. S.Rajendran (died)
2. S.Kuppaye W/o Late Sengoda Gounder
3. R.Jeyalakshmi W/o S.Rajendran
4. R.Raghu S/o Late S.Rajendran P2 to P4 are substituted as LRs of deceased P1 as per orders dated 21.02.2024 in WMP.No.8929/2023 in WP.No.2366/2021 by JNBJ) ... Petitioners vs.
1. The Chairman, Tamilnadu Electricity Board, 800, Anna Salai, Chennai - 600 003.
2. The Assistant Executive Engineer, Tamilnadu generation and Distribution Corporation, Pallipalayam - 638 010, 1/5
3. The Assistant Engineer, Tamilnadu generation and Distribution Corporation, Kokkarayanpet - 638 007
4. Krishnamoorthy, S/o Palaniappa Gounder, Vani Nagar, Pappampalayam Village, Kumarapalayam Taluk,
5. S.Subramani, S/o Sengoda Gounder
6. S.Ramasamy, S/o Sengoda Gounder
7. M.Perumal Gounder, S/o Marappa Gounder ..Respondents Prayer in W.P. : Writ Petition filed under Article 226 of the constitution to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order in Lr.No.Ae/O&E/KO.Pe/No.333-1/2019 dated 14.11.2019 passed by the 3rd respondent, and quash the same and consequently direct the respondents 1 to 3 to relocate the existing overhead LT lines to the petitioner's own S.F.No.105/2C3 Kokkarayanpettai Village, Namakkal District as per the estimate dated 10.05.2016 prepared by the 2nd respondent on the basis of his application dated 29.03.2016 by rejecting the baseless objections raised by the respondents 4 to 7.
2/5
For Petitioner : Mr.N.Manokaran For Respondents : Mr.S.Kalaiselvan Standing Counsel for R1 to R3 No appearance for R4 to R7.
O R D E R
This writ petition has been filed challenging the order dated 14.11.2019 passed by the 3rd respondent, by which, the petitioner was directed to clear the objection raised by the respondents 4 to 7 by producing the relevant revenue records to prove his ownership of the subject property. The petitioner has also prayed for a consequential direction to direct the respondents 1 to 3 to relocate the existing overhead LT lines to the petitioner's property as per the estimate dated 10.05.2016 prepared by the 2nd respondent.
2. When the matter is taken up for hearing, learned Standing Counsel appearing for the respondents 1 to 3/Electricity Board filed a status report, in which, it is stated that the TANGEDCO is ready to relocate the LT Line in an undisputed place.
3. Learned counsel for the petitioner would state that now, the petitioners have identified the re-route of LT Line on the sideways of the 3/5
petitioners' own property without disturbing any other property and the learned counsel for the respondents 1 to 3 also agreed with the relocation of the existing overhead LT line and for the re-route of LT Line on the sideways of the petitioners' own property.
4. In view of the above, the order passed by the 3rd respondent dated 14.11.2019 is hereby set aside. The Writ Petition is allowed on the above terms. No costs.
15.03.2024 Index : Yes/No Speaking /Non speaking order vsi To
1. The Chairman, Tamilnadu Electricity Board, 800, Anna Salai, Chennai - 600 003.
2. The Assistant Executive Engineer, Tamilnadu generation and Distribution Corporation, Pallipalayam - 638 010,
3. The Assistant Engineer, Tamilnadu generation and Distribution Corporation, Kokkarayanpet - 638 007 4/5
J.NISHA BANU, J.
vsi 15.03.2024 5/5