Mahindra World City Developers Limited v. Tamil Nadu Generation And Distribution
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2020
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.5610 of 2020 and W.M.P.No.6565 of 2020 Mahindra World City Developers Limited Represented by Power of Attorney Holder -R.Eswaran, Having its registered office at Mahindra Toweres, Ground Floor, No.17/18, Pattulous Road, Chennai - 600 002.
... Petitioner Vs.
1. Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), Represented by its Chairman and Managing Director, 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer General Construction Circle TANTRANSCO A-10, Thiru-vi-ka Industrial Estate Guindy, Chennai - 600 032.
3. The Executive Engineering Transmission Line Construction Circle Poonamallee, Chennai.
4. The Asst. Divisional Engineering Transmission Line Construction Circle Maraimalainagar, Chennai.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of writ of mandamus, directing the respondents to consider the representation dated 03.10.2018 submitted by the petitioner to the file of the 2nd, 3rd, and 4th respondents for intimating the differential cost to realign the EHT towerline (H78) and accept the payment for differential cost from the petitioner for implementing the realignment and installation of the EHT towerline.
For Petitioner : M/s. Ganesh and Ganesh For Respondents: Mr. M. Vijaya Mehanath, for R1 Standing Counsel Mr. Abdul Saleem, for R2 to R4
O R D E R
By consent given by either side, the main writ petition is taken up for final disposal at the admission stage itself. 2.
This writ petition has been filed for the issue of writ of mandamus directing the respondents to consider the representation made by the petitioner-Company who are seeking for the re-alignment and installation of the EHT. 3.
The learned counsel appearing on behalf of the respondents submitted that the request made by the petitionerCompany was considered and it was not found feasible for realignment and therefore, the request was rejected by the proceedings of the second respondent dated 06.11.2019. 4.
In view of the above development, the relief as sought for by the petitioner cannot be entertained by this Court. That apart the petitioner also has an alternative remedy under Section 17 of the Indian Telegraph Act, 1885 to file an appeal before the District Magistrate. Therefore, the petitioner is at liberty to avail that remedy and work out its right in accordance with law.
5.
This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AT To
1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO), 144, Anna Salai, Chennai - 600 002.
2. The Superintending Engineer General Construction Circle TANTRANSCO A-10, Thiru-vi-ka Industrial Estate Guindy, Chennai - 600 032.
3. The Executive Engineering Transmission Line Construction Circle Poonamallee, Chennai.
4. The Asst. Divisional Engineering Transmission Line Construction Circle Maraimalainagar, Chennai.
+1cc to M/s.Ganesh & Ganesh, Advocate, Sr.No.19808 W.P.No.5610 of 2020 and W.M.P.No.6565 of 2020 PP(CO) GS(28/05/2020)