S.S.Manoharan v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2015
CORAM
The Hon'ble Mr. Justice M.DURAISWAMY W.P.No.7939 of 2015 and M.P.No.1 of 2015
1. S.S.Manoharan
2. P. Sankaranarayanan
3. G.Kuppan 1 to 3 represented by their Power of Attorney Agent Mr.R.Sugumaran, S/o.Raghavan ... Petitioners Vs.
1. The Chairman, Tamilnadu Electricity Board, Anna Salai, Chennai 600 002.
2. The Superintending Engineer, Tamilnadu Electricity Board, General Construction Circle, Guindy Industrial Estate, Guindy, Chennai 600 032.
3. The Executive Engineer / AD Tamil Nadu Electricity Board, Ponneri Taluk, Ponneri, Thiruvallur District.
... Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the 2nd respondent to dispose the representation given by the petitioner on 11.03.2015 and direct the respondents to remove the basement erected on the petitioners' land in Survey Nos.95/3, 95/2, 95/4A, 95/4B, 60/3, 60/4A, 60/4B, 60/5, 60/6, 93, 95/1C, 95/1D total extent of land is 3 acres 38 cents, situated at Peravallur Village, Ponneri Taluk, Tiruvallur District.
For Petitioners :
Mr.S.V.S.Ilamvazhuthi For Respondents : Mr.P.Gunaraj, Standing Counsel for TNEB
ORDER
The petitioner has filed the above writ petition to issue a writ of mandamus directing the 2nd respondent to dispose of his representation dated 11.03.2015 and directing the respondents to remove the basement erected on their lands in Survey Nos.95/3, 95/2, 95/4A, 95/4B, 60/3, 60/4A, 60/4B, 60/5, 60/6, 93, 95/1C, 95/1D, measuring an extent of land is 3 acres 38 cents, situated at Peravallur Village, Ponneri Taluk, Tiruvallur District.
2. According to the petitioners, the above said lands belong to them and that without their consent, the third respondent has put up concrete basement for erecting Tower in the said lands to give high tension electricity power to the Nel Cast Concern at Ponneri. Thereafter, the petitioners have approached the second respondent and gave a representation dated 11.03.2015.
According to the petitioners, the second respondent has not considered the representation till this date.
3. Mr.P.Gunaraj, learned Standing Counsel takes notice for the respondents and submitted that the petitioners have given a representation dated 11.03.2015 only after the erection of basement in the land. Further, the learned counsel submitted that the second respondent may be directed to consider the petitioners' representation within a stipulated time.
4.Having regard to the submissions made by the learned counsel on either side, I direct the second respondent to consider the petitioners' representation dated 11.03.2015 on merits in accordance with law and dispose of the same, within a period of two weeks from the date of receipt of a copy of this order.
With this observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitioner is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar
rj/srn To
1. The Chairman, Tamilnadu Electricity Board, Anna Salai, Chennai 600 002.
2. The Superintending Engineer, Tamilnadu Electricity Board, General Construction Circle, Guindy Industrial Estate, Guindy, Chennai 600 032.
3. The Executive Engineer / AD Tamil Nadu Electricity Board, Ponneri Taluk, Ponneri, Thiruvallur District.
+1cc to Mr.S.V.S.Ilamvazhuthi, Advocate, S.R.No.16108 +1cc to Mr.P.Gunaraj, Advocate, S.R.No.16130 W.P.No.7939 of 2015 & M.P.No.1 of 2015 NM(CO) CA(30/03/2015)