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Madras High CourtWP/13144/2019closed

Alchemist Asset Reconstruction v. The Executive Engineer

2021-11-24Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.11.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI WP.Nos.13144 and 13159 of 2019 and WMP.No.13279 & 13281 of 2019 Alchemist Asset Reconstruction Company Ltd., Represented by Manish Nihlani, Vice President, Having its Registered office at D-54, First Floor, Defence Colonym New Delhi-110 024.

...Petitioner in both the petitions

Versus

1.The Executive Engineer, Transmission Line Construction/GCC-I, A-10, TANTRANSCO (TNEB) Thiru Vi Ka Industrial Estate, Guindy, Chennai-32.

2.The Assistant Executive Engineer, Transmission Line Construction/GCC-I, TANTRANSCO (TNEB) Ambattur, 230 KV Korattur SS Camp, Chennai-80.

...Respondents in both the petitions

Prayer in W.P.No.13144 of 2019 : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the records pertaining to the letter issued by the second respondent dated 26.12.2018 having reference number Lr.No.AEE/TLC/ABTR/F.T.1991 LL&T/D.Camp/18 and quash the same as being illegal and void.

Prayer in W.P.No.13159 of 2019 : - Writ Petition filed under Article 226 of the Constitution of India praying for a writ of Certiorari to call for the records pertaining to the letter issued by the second respondent dated 28.01.2019 having reference number Lr.No.EE/TLC/CNI/FL&T/D camp/2019 and quash the same as being illegal and void.

For Petitioner :

Mr. Anirudh Krishnan For Respondents :

Mr.S.Madhusudanan Standing Counsel (TNEB) COMMON ORDER These Writ petitions have been filed challenging the impugned orders dated 26.12.2018 and 29.01.2019.

2. Heard learned counsel appearing for both sides and perused the materials placed on record.

3.When these matters are taken up for hearing, Learned counsel appearing for the respondents /TANTANSCO (TNEB) brought to the notice of this Court that it is already mentioned in the impugned orders itself that the respondents constructing a 400kV-230 kV Multi Circuit line from Manali SS to Pulianthope SS. In this transmission line, 5 nos. of Tower is falling edge of the compound wall owned by the petitioner company, due to space constrain it is required to demolish the wall during the said construction works. The wall would be reconstructed by the respondents after completion of the said works.

4. Recording the above submission and in view of the fact that there is an undertaking from the respondents that they will reconstruct the compound wall once the aforesaid works completed, these writ petitions are closed, as nothing survives for adjudication in these writ petitions. It is always open to the petitioner to raise their claim, in case if the wall is not constructed as undertaken by them, before the authority competent, in the manner known to law. No costs. Consequently, connected miscellaneous petitions are also closed. Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar rli

To 1.The Executive Engineer, Transmission Line Construction/GCC-I, A-10, TANTRANSCO (TNEB) Thiru Vi Ka Industrial Estate, Guindy, Chennai-32.

2.The Assistant Executive Engineer, Transmission Line Construction/GCC-I, TANTRANSCO (TNEB) Ambattur, 230 KV Korattur SS Camp, Chennai-80.

+1cc to Mr.Aniruth Krishnan, Advocate SR. No.60842 WP.Nos.13144 and 13159 of 2019 and WMP.No.13279 & 13281 of 2019 RSI (CO) PR (14/12/2021)