M/S.Madhavaram Grama Munnetra v. The Superintending Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :07.06.2019
CORAM
THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.13902 of 2019 M/s Madhavaram Grama Munnetra Sangam, Represented by C.K.Gopal, Chairman, No.1, Dhansingh Masthri Street, Udaiyar Garden, Madhavaram, Chennai-600 090.
..Petitioner vs 1.The Superintending Engineer, Chennai North, Tamil Nadu Power Generation and Distribution Corporation, Ground Floor, 5B Block, No.144, Anna Salai, Chennai-600 002.
2.The Assistant Executive Engineer, Madhavaram, (North) Tamilnadu Power Generation and Distribution Corporation, 33/11 KVSS, CMBTT, Vadaperumbakkam, Chennai-60.
3.The Assistant Engineer, Madhavaram-I, Tamilnadu Power Generation and Distribution Corporation, MRH Road, Madhavaram, Chennai-60.
.. Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 28.01.2019 and not to fix High Tension Power Line Over Dr.Ambedkar Nagar, Burma Colony, Kalkotta Shop, Jhangiri shop and Kannabiran Koil Street in Madhavaram Taluk, Thiruvallur District for the sake of private company and redirect the High Tension Power Line to some other place. For Petitioner : Ms.R.Varalakshmi For Respondents : Mr.P.R.Dilipkumar
O R D E R
The petitioner has filed the present Writ Petition for issuance of a Writ of Mandamus, to direct the respondents to consider the their representation dated 28.01.2019 and not to fix High Tension Power Line Over Dr.Ambedkar Nagar, Burma Colony, Kalkotta Shop, Jhangiri shop and kannabiran Koil Street
in Madhavaram Taluk, Thiruvallur District for the sake of private company and redirect the High Tension Power Line to some other place.
2. The petitioner is an association created for the welfare of socially and economically backward people living in Dr.Ambedkar Nagar, Burma Colony, Kalkotta shop, Jhangiri shop and Kannabiran Koil Street in Madhavaram Taluk, Thiruvallur District. There are 25 streets in the said areas and it consists of more than 6000 family and above 12,000 members. The said association has been running more than 60 years. In the said areas, the Government has planted over-head high tension power line in 12 feet road and because of which so many people are affected. On 27.06.2002, High Tension Power Line had dashed each other and it caused fire over the above mentioned area and because of such unexpected occurrence, two people had died. In order to remove the High Tension Power Line, the petitioner has made a representation on 28.01.2019. Since the representation has not been considered by the authority, the present writ petition is filed before this Court.
4. The learned counsel for the petitioner contended that it would suffice for this Court to direct the respondents, more particularly, the 1st respondent to consider the petitioner's representation on merits and in accordance with law within a stipulated time to be directed by this Court.
5. The learned standing counsel appearing for the respondents would concede the request made by the learned counsel for the petitioner and submitted that a direction may be issued to the 1st Respondent to consider the representation made by the petitioner.
6. In view of the limited prayer sought for by the petitioner, this Court hereby directs the first respondent to consider the petitioner's representation dated 28.01.2019 and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of a receipt of copy of this order.
Accordingly, the Writ Petition is disposed of. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
To 1.The Superintending Engineer, Chennai North, Tamil Nadu Power Generation and Distribution Corporation, Ground Floor, 5B Block, No.144, Anna Salai, Chennai-600 002.
2.The Assistant Executive Engineer, Madhavaram, (North) Tamilnadu Power Generation and Distribution Corporation, 33/11 KVSS, CMBTT, Vadaperumbakkam, Chennai-60.
3.The Assistant Engineer, Madhavaram-I, Tamilnadu Power Generation and Distribution Corporation, MRH Road, Madhavaram, Chennai-60.
+1cc to Mr.P.R.Dilipkumar, Advocate sr.45592 +1cc to Ms.R.Varalakshmi, Advocate sr.45578 W.P.No.13902 of 2019 rgn(co) nr 17/07/2019