Jfa Assets Private Limited v. The Assistant Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22.11.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH JFA ASSETS PRIVATE LIMITED Formerly Known as PRASATH RAJAN PROPERTIES PRIVATE LIMITED Rep by its Authorized Signatory, Mr.R.Giriraja, S/o. Late.G.Radhakrishnan, S.F.No.31/8B2, 31/8, Teachers Colony, Chinniyampalayam, Coimbatore - 641 062.
... Petitioner Vs
1. The Assistant Engineer, CEDC North Chinniyampalayam, Coimbatore North,
2. The Assistant Executive Engineer/Operation and Maintenance, CEDC North Chinniyampalayam, Coimbatore North, 1 / 4
3. The Assistant Executive Engineer/Operation and Maintenance, Ondipudhur, Coimbatore North, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 23.09.2023 and subsequently direct the 1st respondent to conduct the filed visit, within stipulated time for shifting and relocating the high-tension electricity cable which is passing over the petitioner's plots bearing No.31, 32 & 35 comprised in "Royale Villas" S.F.No.31/8, Teachers Colony, Chinniyampalayam, Coimbatore North Taluk, Coimbatore - 641 062. For Petitioner : Mr.D.Selvam For Respondents :Mr.L.Jai Venkatesh Standing Counsel
O R D E R
Mr.L.Jai Venkatesh, learned Standing Counsel accepts notice for the respondents and is armed with instructions to enable a final disposal of this matter, even at the stage of admission.
2. The petitioner is a Company that claims to have formed a layout in lands in S.F.Nos.31/8B2, 31/8B3, Teachers Colony, Chinniyampalayam, Coimbatore North Taluk, Coimbatore - 641 062 ('property'/'property in question'). The layouts 2 / 4
were formed under the name and style of "Royale Villas" in 2021 and the petitioner proposes to develop the same for its own use.
3. The petitioner apprehends that a High Tension electricity cable that passes through the land poses a threat to the life and security of the person using the property once developed, particularly as the building may be a high rise.
4. For the aforesaid reasons, a representation has been made on 23.09.2023 to R1 being the Assistant Engineer, CEDC North, Chinniyampalayam, Coimbatore North seeking shifting of the cables.
5. In view of the lack of response thus far, the present Writ petition has been filed seeking a mandamus directing the respondents to consider the representation of the petitioner.
6. Learned counsel for the petitioner states that alternate routes have been suggested as far as re-routing of the cable is concerned.
7. Mr.Jai Venkatesh would accede to the receipt of the representation and would also agree that R1 would hear the petitioner and orders be passed thereupon expeditiously.
8. Hence, mandamus is issued to R1 to issue notice to the petitioner, hear it through an authorized representative and pass orders on representation dated 23.09.2023 within a period of four (4) weeks from date of receipt of a copy of this 3 / 4
DR.ANITA SUMANTH, J.
order, in accordance with law and with all prevailing Rules and Regulations.
9. With this, this Writ petition stands disposed. No costs. 22.11.2023 sl Index : Yes / No Speaking Order:Yes To
1. The Assistant Engineer, CEDC North, Chinniyampalayam, Coimbatore North, Tamil Nadu.
2. The Assistant Executive Engineer/Operation and Maintenance, CEDC North, Chinniyampalayam, Coimbatore North, Tamil Nadu.
3. The Assistant Executive Engineer/Operation and Maintenance, Ondipudhur, Coimbatore North, 4 / 4