B.Alif Roja v. The Tamil Nadu Power Distribution Corporation Limited
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY B.ALIF ROJA ... Petitioner Vs 1.
THE TAMIL NADU POWER DISTRIBUTION CORPORATION LIMITED, TANTRANSCO BUILDING, 144, ANNA SALAI, CHENNAI - 600 002.
2.
THE CHIEF ENGINEER, TRANSMISSION II, PERIYA MILAGU PARAI, TIRUCHI - 1.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 05.12.2024 at least within a period of 30 days.
For Petitioner : Mr.V.Ragupathi For R1 & R2 : Mr.D.R.Arun Kumar
ORDER
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The writ petition has been filed seeking a direction to the second respondent to consider the petitioner's representation dated 05.12.2024.
2. On perusal of the said representation, as well as the affidavit filed in support of the writ petition and hearing the learned counsel for the petitioner, the grievance of the writ petitioner is that no tower has been erected on the petitioner's land and the petitioner thought that the route alignment was in such a manner that it was not pass through the petitioner's land. However, the wires were suddenly drawn across the petitioner's property and therefore, the petitioner made a representation.
3. When the matter came up for admission, the learned counsel appearing for the first and second respondents would submit that no show cause notice was required to be issued to the petitioner before drawing of the lines, as the Telegraph authorities are entitled to enter any land and draw the lines. In this case, no tower has been placed on the petitioner's land and therefore, no compensation needs to be paid.
4. In any event, the learned counsel appearing for the petitioner submits that the petitioner has made a representation detailing the difficulties faced by 2/4
the petitioner. The same shall be directed to be considered.
5. In view of the above, the petitioner can point out any damage suffered, and the same has to be considered, at least for the payment of damages. Therefore, the second respondent shall consider the petitioner's representation dated 05.12.2024 in accordance with the law within a period of four weeks from the date of receipt of the web copy of the order without waiting for the certified copy of the order and pass appropriate orders.
6. With the above direction, this writ petition stands disposed of. No costs.
11.03.2025 nsl D.BHARATHA CHAKRAVARTHY, J.
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nsl To 1.
THE TAMIL NADU POWER DISTRIBUTION CORPORATION LIMITED, TANTRANSCO BUILDING, 144, ANNA SALAI, CHENNAI - 600 002.
2.
THE CHIEF ENGINEER, TRANSMISSION II, PERIYA MILAGU PARAI, TIRUCHI - 1.
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