M/S.Sga Alloys Private Limited v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2020
CORAM
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.12979 of 2020 and W.M.P.Nos.16063 of 2020 (Heard Through VC) M/s.SGA Alloys Private Limited, A.Kalyanasundaram, Managing Director, No.3G, Ganapathy Layout, Saibaba Colony, k.K.Pudur, Coimbatore ..Petitioner Vs.
1. The District Collector, O/o.The District Collector, Coimbatore, Coimbatore District.
2. The Superintendent of Police, O/o.The Superintendent of Police, Coimbatore - 641 018.
3. Superintending Engineer, TANGEDCO Ltd., CBE, Elecy.Distn.Circle/South, Coimbatore - 641 012 ..Respondents * * * Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner's representation dated 01.08.2020 for taking appropriate action in safeguarding the fundamental right of the petitioner guaranteed under Article 19(1)(g) of the Constitution of India for starting up of the petitioner Industry wherein all the necessary approvals are obtained by the petitioner.
For Petitioner :Mr.R.Amardeep For Respondents 1&2 :Mr.V.Shanmugasundar Spl.Govt.Pleader For Respondent-3 :Ms.Janaranjani for Mr.Vijaymeganathan
ORDER
The Writ Petition is filed seeking a mandamus to direct the first respondent to consider the petitioner's representation dated 01.08.2020 for taking appropriate action in safeguarding the fundamental right of the petitioner guaranteed under Article 19(1)(g) of the Constitution of India for starting up of the petitioner-Industry.
2.
It is the case of the petitioner that its Managing Director is the First Generation entrepreneur and Member of the Foundry Association. The petitioner company after duly complying with the Rules and Regulations of the State Government, obtained approvals from the concerned authorities. While so, the petitioner made an application for new HT supply for a maximum demand of 500KVA at 11KV vide registration .No.03043204321 dated 01.07.2020 and estimate has been sanctioned for extension of HT line for a distance of 0.386 KM. When the third respondent Officials went to the site for execution of extension of work on 01.08.
2020, a group of people surrounded the officials of the Tamil Nadu Electricity Board (TNEB) and obstructed the work of the officials and harassed the TNEB officials on the site and also the Civil, Electrical Contractors and forced them to stop the entire work. Therefore, the petitioner made a complaint to the second respondent about the incident. In this regard, the petitioner has also made a representation dated 01.01.2020 to the first respondent requesting him to take appropriate action against the said persons. Since the said representation has not been considered by the respondents 1 and 2, the petitioner is before this Court.
2.
After issuance of notice, the first respondent, namely, the District Collector, Coimbatore, in his communication in Ref.No.17720/2020/C2 dated 08.10.2020 addressed to the second respondent, in which, it is stated as follows:- "In the reference cited, a representation received from Superintending Engineer, Cbe.Elecy.Distn.Circle/South, Coimbatore along with enclosures to arrange for a police protection to TANGEDCO workers to carry out the extension work to effect HT service in the petitioner M/s.SGA Alloys Pvt.Ltd premises at S.F.No.10/1 in Kaduvettipalayam Village of Sulur Taluk.
In this connection, I request you to take necessary assistance and protection to the TANGEDCO workers to carry out the extension work to effect HT service to M/s.SGA Alloys at the above mentioned area.
Wherein any Law and Order problem that are likely to arise may be avoided."
3.
Ms.Janaranjani, learned counsel representing the learned counsel for the third respondent also states that they are willing to extend their co-operation for giving HT service connection to the petitioner.
4.
As the second respondent has already been addressed to give police protection, it is open to the third respondent also to address the second respondent seeking police protection, after which, HT service connection may be extended to the petitioner.
5.
In view of the above development, recording the letter of the first respondent, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.
s/d- Assistant Registrar True Copy Sub-Assistant Registrar srn To
1. The District Collector, O/o.The District Collector, Coimbatore, Coimbatore District.
2. The Superintendent of Police, O/o.The Superintendent of Police, Coimbatore - 641 018.
3. Superintending Engineer, TANGEDCO Ltd., CBE, Elecy.Distn.Circle/South, Coimbatore - 641 012 W.P.No.12979 of 2020 and W.M.P.Nos.16063 of 2020 NMI(CO) SP(06/11/2020)