Rukmani v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.9342 of 2022 Rukmani ... Petitioner Vs.

1. The Chairman, Tamilnadu Electricity Board, Head Office, 800 Anna Salai, Chennai.

2. The Principal Engineer (Personal), Tamilnadu Electricity Board, Head office, 800 Anna Salai, Chennai.

3. The Principal Engineer, Mettur Thermal Electricity Station, Mettur Dam - 56, Mettur Taluk, Salem District.

4. The Superintendent Engineer, Mettur Thermal Power Station, Mettur Dam - 56, Mettur Taluk, Salem District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.11.2018 seeking job Assistance in Mettur Thermal Power Station under one member in each family scheme for losing the land.

For petitioner :

Mr.M.Elango For Respondents :

Mr.Abul Kalam

ORDER

The petitioner has filed this petition seeking direction to the respondents to consider the petitioner's representation dated 15.11.2018 seeking job Assistance in Mettur Thermal Power Station under one member in each family scheme for losing the land.

2. Mr.Abul Kalam, learned counsel takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property comprised S.No.140, measuring an extent of 0.40.0 Hectares, situated at P.N.Patti Village, Mettur Taluk, Salem District. The petitioner's land was acquired by the Tamilnadu Electricity Board for the purpose of construction of Mettur Thermal Power Station. At the time of acquisition, the Electricity Board given assurance to provide job Assistance to the land losers. Hence, the petitioner made a representation dated 15.11.2018, before the respondents seeking job assistance in her family. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 15.11.2018 within the time frame that may be fixed by this Court.

5. The learned counsel appearing for the respondents submits that the petitioner's land was not acquired by assuring the petitioner to provide him job assistance. Hence, he prays for dismissal of the present writ petition.

6. Considering the facts and circumstances of the case, the petitioner's has not produced any proof, showing that his property was acquired for the purpose of establishment of Thermal Power Station and assured him to provide job assistance. In the absence of proper evidence, this Court cannot issue direction to the respondents. Hence, the prayer sought by the petitioner in the present writ petitioner cannot be granted. However, if any evidence is available, the petitioner is at liberty to work out his remedy in the manner known to law.

7. Accordingly, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tri/mn To

1. The Chairman, Tamilnadu Electricity Board, Head Office, 800 Anna Salai, Chennai.

2. The Principal Engineer (Personal), Tamilnadu Electricity Board, Head office, 800 Anna Salai, Chennai.

3. The Principal Engineer, Mettur Thermal Electricity Station, Mettur Dam - 56, Mettur Taluk, Salem District.

4. The Superintendent Engineer, Mettur Thermal Power Station, Mettur Dam - 56, Mettur Taluk, Salem District.

+1cc to Mr.Subramanian, Advocate, S.R.No.26465 +1cc to Mr.Elango, Advocate, S.R.No.25961 W.P.No.9342 of 2022 MG(CO) SU(29/04/2022)