R.Eswari v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.Nos.28863 and 28865 of 2024 1.R.Eswari 2.R.Senthil Kumar 3.Radhamani ... Petitioners Vs.

1.The Chairman, Tamil Nadu Electricity Board, NKKPR, Maligai, Annasalai, Chennai - 600 002.

2.The Chief Engineer, Tamil Nadu Electricity Board, 3.The Superintending Engineer/ GCC/ TNEB, Tamil Nadu Electricity Board, ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus forbearing the respondents not to interfere the petitioners land by connecting or drawing Heavy Tension Line (HTL) upon the land comprised in survey No.208/3, S.No.208/5 and 1/5

S.No.208/8 at Boomallar Village, Palladam Taluk, Tirupur District by considering the petitioner's representation dated 28.06.2024. For Petitioners : Mr.S.Kumaresan For Respondents : Mr.D.R.Arun Kumar

O R D E R

W.M.P.No.28863 of 2024 filed to permit the petitioners to file the writ petition jointly is allowed, subject to payment of separate sets of court-fee by the petitioners within two weeks from the date of receipt of a copy of this order. In default of compliance, the order passed in the writ petition shall be applicable only to the first petitioner.

2.Mr.D.R.Arun Kumar, learned counsel takes notice on behalf of the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3.The petitioners have filed this writ petition seeking issuance of Writ of Mandamus forbearing the respondents not to interfere the petitioners land by connecting or drawing Heavy Tension Line (HTL) upon the land comprised in survey No.208/3, S.No.208/5 and S.No.208/8 at Boomallar Village, Palladam Taluk, Tirupur District by 2/5

considering the petitioners representation dated 28.06.2024. 4.The learned counsel appearing for the petitioners submitted that the petitioners are the owners of the subject property. Without any intimation, the respondents started erecting Heavy Tension Line in S.No.207 in Odai Poromboke and are intending to erect HTL over the petitioners property and objecting the same, the petitioners made representation to the respondents, however, the same has not yet been considered.

5.The learned counsel appearing for the petitioners further submitted that without going into the merits of the case, this Court may issue direction to the respondents to consider the petitioners representation dated 28.06.2024 and to pass appropriate orders, within a reasonable time frame.

6.The learned Standing Counsel appearing for the respondents submitted that the petitioners representation would be considered and appropriate orders will be passed within the time frame fixed by this Court.

3/5

7.Considering the limited request made by the learned counsel appearing for the petitioners, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioners representation dated 28.06.2024 on merits and in accordance with law and pass appropriate orders, within a period of four weeks from the date of receipt of a copy of this order. 8.This writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 11.09.2024 pri Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Chairman, Tamil Nadu Electricity Board, NKKPR, Maligai, Annasalai, Chennai - 600 002.

2.The Chief Engineer, Tamil Nadu Electricity Board, 3.The Superintending Engineer/ GCC/ TNEB, Tamil Nadu Electricity Board, 4/5

M.DHANDAPANI,J.

pri And W.M.P.Nos.28863 and 28865 of 2024 11.09.2024 5/5