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Madras High CourtWP/33777/2015disposed of

S.Raghu v. The Tamil Nadu Electricity

2015-10-26Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE : 26.10.2015

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN W.P. No.33777 of 2015 S.Raghu

...Petitioner

v.

1 The Tamil Nadu Electricity Board Represented by its Chairman No.800, Anna Salai Chennai-600 002.

2 State of Tamil Nadu Represented by Secretary to Government Revenue Department, Fort St. George Chennai- 600 009.

3 The Collector Thiruvallur District, Thiruvallur 4 The Special Tahsildar (Land Acquisition) North Chennai, Thermal Power Project Ponneri Taluk, Ponneri 5 The Tahsildar Ponneri, Thiruvallur District 6 The Chief Engineer Ennore,Chennai.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the the respondents to issue an order of employment as a Rehabiliation Measure.

For Petitioner :

Mr.T.K.S.Bharathy Anandraj For Respondents :

Mr.R.Vijayakumar Addl. Govt. Pleader - for R2 to R5 Ms.R.Varalakshmi- for R1 & R6

O R D E R

By consent, the writ petition is taken up for final disposal.

2. The petitioner claims that the land belonging to his father viz., Shanmugam, comprised in Survey No.233/2 having an extent of 0.46 cents and in Survey No.233/34 having an extent of 0.48 cents totally to an extent of 0.94 cents of land was acquired by the Government of Tamil Nadu under the Land Acquisition Act for the establishment of North Chennai Thermal Power Project. The Tamil Nadu Electricity Board had passed a Board proceeding in B.P.(Per)(FB) No.3, Administration Branch dated 25.01.1990 giving certain guidelines for the purpose of identifying the displaced families for whom the rehabilitation measures are to be provided. The name of the petitioner is also identified and he is entitled to get employment on the ground that the land belonging to the petitioner have been acquired by the Government of Tamil Nadu. In this regard, he has submitted a representation dated 31.12.2012 to the respondents and since he has not been favoured with any response, came forward to file the present writ petition.

3. The learned counsel appearing for the petitioner would submit that the 6th respondent vide letter dated 08.01.2013 called upon the petitioner to submit his application to consider the request of employment, however, till date, the representation of the petitioner has not been considered and hence, prays for appropriate orders.

4. Heard the submissions of Mr.T.K.S.Bharathy Anandraj, learned counsel appearing for the petitioner, Mr.R.Vijayakumar, learned Additional Government Pleader, who accepts notice for the respondents 2, to 5 and Ms.R.Varalakshmi, learned counsel, who accepts notice for the 1st and 6th respondents.

5. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances, permits the petitioner to submit a detailed representation by enclosing a copy of this order as well as the other relevant documents to the respondents within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondents are directed to consider the same and pass orders on merits and in accordance with law, within a further period of eight weeks thereafter and communicate the decision taken, to the petitioner.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar Rj To 1 The Chairman Tamil Nadu Electricity Board No.800, Anna Salai Chennai-600 002.

2 The Secretary to Government Revenue Department, Fort St. George Chennai- 600 009.

3 The Collector Thiruvallur District, Thiruvallur 4 The Special Tahsildar (Land Acquisition) Ponneri Taluk, Ponneri

5 The Tahsildar Ponneri, Thiruvallur District 6 The Chief Engineer Ennore,Chennai.

1 CC to Mr.T.K.S.Bharathy Anandraj, Advocate SR.No. 57897 1 CC to the Government Pleader, SR.No. 58111 W.P. No.33777 of 2015 KK (CO) PSI (06.11.2015)