S.Dhandapani, v. The Chairman And Managing Director,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.06.2023
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI WP No.2875 of 2020 and WMP.No.3322 of 2020 S. Dhandapani ... Petitioner Vs.
1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., 10th Floor, NPKRR MALIGAI, 144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, Non-Conventional Energy Sources, TANGEDCO, 2nd Floor, Eastern Wing, Chennai - 600 002.
3. The Superintending Engineer, Non-Conventional Energy Sources, TANGEDCO, Kolumam Road, Udaumalapet - 42126, Tiruppur District.
4. The District Collector, Tiruppur District.
5. The Executive Officer, Kannivaddi Town Panchayat 1/5
6. The General Manager, K.S. Infrastructure, Balakumar Nagar, Nanchaithalaiyur Post, Dharapuram Taluk, Thiruppur District.
...Respondents
Prayer:- Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1 to 5 respondents forbearing the 6th respondent from erecting poles to draw 230 KV Low Tension wire over the Petitioner Patta lands situated at Periyakattu Thottam, Velanthurai, Dharapuram Taluk, Tiruppur District for the Survey No.394/1, 394/2, 395/1, 395/2, 395/2, without giving any notice or seeking consent from the petitioner for such usage of petitioner patta lands.
For Petitioner : No appearance For Respondents : Mr.L. Jaivenkatesh for TNEB for R1 to R3 Mrs.Kanimozhimath for R6 Mr.P.Sathish, Addl. Govt. Pleader for R4 & R5
ORDER
The writ petition is filed for the issuance of a Mandamus directing the 1 to 5 respondents forbearing the 6th respondent from erecting poles to draw 230 KV Low Tension wire over the Petitioner Patta lands situated at Periyakattu Thottam, Velanthurai, Dharapuram Taluk, Tiruppur District for the Survey No.394/1, 394/2, 395/1, 395/2, 395/2, without giving any notice or seeking consent from the petitioner for such usage of petitioner patta lands.
2/5
2. It is stated in the affidavit filed in support of this writ petition that the petitioner is the absolute owner of the property situated at Periyakattu Thottam, Velanthurai, Dharapuram Taluk, Tiruppur District for the Survey No.394/1, 394/2, 395/1, 395/2, 395/2. The crux of the issue is that without giving any notice or seeking consent from the petitioner for usage of his lands or even without fixing any compensation, the respondents are attempting to erect poles to draw 230 KV Low Tension wire over the subject property. In such circumstances, he has submitted a representation to the respondents on 31.01.2020, whereas the same has not been considered till date. Hence, this writ petition.
3. When the matter is taken up for hearing, learned counsel appearing for the 6th respondent submitted that poles have been erected in the subject land and the task was handed over to the Government for commissioning. In view of the above, he submits that appropriate directions may be issued by this Court.
4. Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 4 and 5 submitted that though it is stated that poles have been erected by private respondent, he has no objection for issuance of such a direction to the 4th and 5th respondents to consider the 3/5
petitioner's representation, if not considered earlier.
5. In view of the aforesaid submissions, this Court without going into the merits of the case, is inclined to issue a direction to the petitioner to submit a copy of the representation, dated 31.01.2020 to the 4th and 5th respondents along with a copy of this order within a period of two weeks from the date of receipt of a copy of this order. Upon receipt of the same, the 4th and 5th respondents are directed to consider the same and pass appropriate orders in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as to the 6th respondent, if not considered earlier by them, within a a period of four weeks thereafter.
6. With the aforesaid directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. 06.06.2023 Internet : Yes/No Index: Yes/No Speaking order/Non-speaking order vsi2 M.DHANDAPANI, J.
4/5
vsi2 To
1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., 10th Floor, NPKRR MALIGAI, 144, Anna Salai, Chennai - 600 002.
2. The Chief Engineer, Non-Conventional Energy Sources, TANGEDCO, 2nd Floor, Eastern Wing, Chennai - 600 002.
3. The Superintending Engineer, Non-Conventional Energy Sources, TANGEDCO, Kolumam Road, Udaumalapet - 42126, Tiruppur District.
4. The District Collector, Tiruppur District.
5. The Executive Officer, Kannivaddi Town Panchayat WP No.2875 of 2020 and WMP.No.3322 of 2020 06.06.2023 5/5