Madras High CourtWP/5051/2025disposed of

Divya Priya v. The Chief Engineer

2025-02-14Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.02.2025 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Divya Priya ..

Petitioner Vs.

1.The Chief Engineer Mettur Thermal Power Station Thoppur-Mettur Dam Bhavani-Erode Road, Mettur - 636 406.

2.The General Manager Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKRR Maligai, No.144, Anna Salai Chennai - 600 002.

3.The Managing Director Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKRR Maligai, No.144, Anna Salai Chennai - 600 002.

4.R.Saravanan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the respondents 1 to 3 to cancel the solvency

amounting Rs.5,00,000/- vide order T.dis.13511/94 (A4), 09.11.1994 stands in the property situated at Ward No.24, Block No.22, T.S.No.22, Block No.23, T.S.No.19-11 Mettur Dam 1 Mettur Taluk, Mettur Municipal Jurisdiction, Salem District, in pursuant to the representation dated 01.12.2024. For the Petitioner : Mr.P.Muthamizhselvakumar For the Respondents : Mr.K.Arun Prasad for RR 1 to 3

ORDER

This Writ Petition is filed for a direction, to cancel the solvency amount of Rs.5 lakhs vide order dated 09.11.1994 which also includes the property of the petitioner in Ward No.24, Block No.22, T.S.No.22, Block No.23, T.S.No.19-11 Mettur Dam, Mettur Taluk, Salem District.

2. It is the case of the petitioner that originally the property belongs to the mother of the petitioner and her mother had executed a settlement deed in favour of the petitioner. Sometime ago, when the 4th respondent was in need of a solvency certificate to become a contractor under the respondents 1 to 3, the petitioner's mother had permitted the 4th respondent to use the property, so as to obtain a solvency certificate. Now subsequently, the petitioner had become the

owner, she has not consented for the same and it is her contention that the solvency certificate should be cancelled. The solvency certificate is issued with reference to the eligibility of the parties involved in the transaction and is based on the financial standing of the parties.

3. Once the solvency certificate is given and some transactions are entered into, there is no question of cancelling the solvency certificate thereafter. If only the 4th respondent is going to apply for any fresh solvency certificate, the petitioner's plea that she is no longer willing to show her land as security can be taken into account. Therefore, at present nothing can be done with reference to the solvency certificate.

4. Furthermore, the learned counsel appearing on behalf of respondents 1 to 3, after getting instructions, would submit that the 4th respondent is not their direct contractor; he may be a subcontractor under someone else. Therefore, they can absolutely do nothing about the representation of the petitioner.

5. In view thereof, recording the above said submissions, this Writ Petition

stands disposed of. No costs.

14.02.2025 : No Jer To 1.The Chief Engineer Mettur Thermal Power Station Thoppur-Mettur Dam Bhavani-Erode Road, Mettur - 636 406.

2.The General Manager Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKRR Maligai, No.144, Anna Salai Chennai - 600 002.

3.The Managing Director Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) NPKRR Maligai, No.144, Anna Salai Chennai - 600 002.

D.BHARATHA CHAKRAVARTHY, J.

Jer

14.02.2025