Madras High CourtWP/13231/2020disposed of

Felix M Cruz v. The Chairman

2020-09-30Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.09.2020

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.Nos.13231, 13235, 13239 and 13248 of 2020 and WMP. Nos.16350, 16352, 16355 and 16368 of 2020 Felix M Cruz ... Petitioner in W.P.No.13231 of 2020 Dr.Shruthi Sreedhar ... Petitioner in W.P.No.13235 of 2020 Hareesh Talakshi Bheddah ... Petitioner in W.P.No.13239 of 2020 Hareesh Vasanji ... Petitioner in W.P.No.13248 of 2020 Vs.

1.The Chairman cum Managing Director, Tamil Nadu Electricity Board (TANGEDCO), 10th floor, NPKRR Maaligai, 144, Anna Salai, Chennai-2.

2.The Superintending Engineering Officer, Sub Station, Tamil Nadu Electricity Board (TANGEDCO), Guindy Industrial Estate, Guindy, Chennai-32.

3.The Assistant Executive Engineer, Tamil Nadu Electricity Board (TANGEDCO) Maraimalai Nagar, Tamil Nadu-603 209.

4.The Assistant Engineer, Tamil Nadu Electricity Board (TANGEDCO), Kelambakkam, Tamil Nadu-603 103.

... Respondents in all W.P.s'

Prayer in W.P.No.13231 of 2020: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 30.08.2020 and consequently to direct the respondents to seek the alternative place for installation of High Electric tower or to lay an underground Electric Cable comprised in survey nos.84/2, 83/1C, 78/1, 85/7 at Padur, Thiruporur Taluk, Chengalpat District. Prayer in W.P.No.13235 of 2020: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to

consider the petitioner's representation dated 29.08.2020 and consequently to direct the respondents to seek the alternative place for installation of High Electric tower or to lay an underground Electric Cable in commercial plot survey no.78/2 Patta No.2789, Padur, Thiruporur Taluk, Chengalpat District. Prayer in W.P.No.13239 of 2020: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 09.09.2020 and consequently to direct the respondents to seek the alternative place for installation of High Electric tower or to lay an underground Electric Cable in property survey nos.85/3, 85/4, 85/5 at Padur, Thiruporur Taluk, Chengalpat District. Prayer in W.P.No.

13248 of 2020: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 09.09.2020 and consequently to direct the respondents to seek the alternative place for installation of High Electric tower or to lay an underground Electric Cable comprised in property survey no.85/2B at Padur, Thiruporur Taluk, Chengalpat District. For Petitioners : Mr.M.Manikandhan (in all WPs') For Respondents : Mr. Abdul Saleem (in all WPs') COMMON ORDER The issue involved in all the writ petitions are common and hence, they are taken together and this common order is passed.

2. The writ petitions have been filed for a direction to the respondents to consider the representation made by the petitioners dated 29.08.2020, 30.08.2020 and 09.09.2020 wherein the petitioners have requested the respondents to identify an alternate place for installation of the tower and laying of the electric cables.

3. Heard Mr.M.Manikandhan, learned counsel for the petitioners and Mr.Abdul Saleem, learned counsel appearing on behalf of the respondents.

4. On a careful perusal of the materials placed before this Court, it is seen that the petitioners are aggrieved by the fact that the respondents are carrying on with erection of a tower and laying of cables very adjacent to the properties belonging to the petitioners and this causes potential danger to everyone living in and around the place where it is proposed to carry on with the work. The petitioners have requested the respondents to

identify an alternate place to carry on with the erection of the tower and to carry on with the laying of cables and ensure that no danger is caused to the general public living in and around the place. Since the representations were not considered by the respondents, the present writ petitions have filed before this Court.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in these writ petitions, there shall be a direction to the second respondent to consider the representations made by the petitioners and take a decision within a period of four weeks from the date of receipt of a copy of this order.

6. The petitioners are directed to make fresh representations to the second respondent along with all relevant documents and also a copy of this order.

7. All the writ petitions are disposed of with the above directions. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rli To 1.The Chairman cum Managing Director, Tamil Nadu Electricity Board (TANGEDCO), 10th floor, NPKRR Maaligai, 144, Anna Salai, Chennai-2.

2.The Superintending Engineering Officer, Sub Station, Tamil Nadu Electricity Board (TANGEDCO), Guindy Industrial Estate, Guindy, Chennai-32.

3.The Assistant Executive Engineer, Tamil Nadu Electricity Board (TANGEDCO) Maraimalai Nagar, Tamil Nadu-603 209.

4.The Assistant Engineer, Tamil Nadu Electricity Board (TANGEDCO), Kelambakkam, Tamil Nadu-603 103.

+4cc to Mr.M.Manikandan, Advocate SR.32672 to 32675 W.P.Nos.13231, 113235, 3239 and 13248 of 2020 and WMP. Nos.16350, 16352, 16355 and 16368 of 2020 AJS(CO) CB(05/11/2020)