Thangaselvi J v. The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE J.Thangaselvi ... Petitioner Vs.

1.The Chairman, Tamil Nadu Electricity Board Limited, Anna Salai, 2.The President & Chief Executive Officer, Udangudi Power Corporation Ltd., TNEB Complex, No.144, Anna Salai, 3.The Superintending Engineer, General Construction Circle, Tantransco, K.Pudur, Madurai - 625 007.

4.The Superintending Engineer / Civil, Udangudi High Density Power Project-I, Udangudi - 628 206.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 04.03.2022 and further restrain the second respondent from installing power tower and laying High Volt Power line in my agriculture land in Thoothukudi Village, Mandu Thandupathu Village, S.No.797 & 798 as which is the only source my income.

For Petitioner : Mr.V.Rajiv Rufus For Respondent : Mr.S.Deenadhayalan Standing Counsel

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the first to third respondents to consider the petitioner's representation dated 04.03.2022 and to forbear the second respondent from installing power tower and laying high volt power line in the petitioner's agricultural land comprised in 1/3

S.Nos.797 & 798, Mandu Thandupathu Village, Thoothukudi, within a time frame to be fixed by this Court.

2.According to the petitioner, she is carrying on agricultural activities in the aforementioned property and she is the absolute owner of the same. According to her, surrounding her lands, there are barren lands but however, there is a proposal by the respondents to install power tower in laying of high volt power line in her property. It is her contention that in case the same is installed, her livelihood will be lost. It is her further contention that the tower can be installed in the barren lands surrounding the petitioner's property. The petitioner has given a representation on 04.03.2022 to the official respondents for the said purpose. Since her representation has not been considered till date, the petitioner has filed this writ petition.

3.No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner including granting her the right of personal hearing. 4.For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation dated 04.03.2022, seeking to forbear the second respondent from installing power tower and laying a high volt power line in S.Nos.797 & 798, Mandu Thandupathu Village, Thoothukudi and pass final orders on merits and in accordance with law after affording a fair hearing to the petitioner including granting her the right of personal hearing within a period of twelve [12] weeks from the date of receipt of a copy of this order.

5.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Chairman, Tamil Nadu Electricity Board Limited, Anna Salai, 2/3

2.The President & Chief Executive Officer, Udangudi Power Corporation Ltd., TNEB Complex, No.144, Anna Salai, 3.The Superintending Engineer, General Construction Circle, Tantransco, K.Pudur, Madurai - 625 007.

4.The Superintending Engineer / Civil, Udangudi High Density Power Project-I, Udangudi - 628 206.

+1 CC to M/s.S. DEENADHAYALAN, Advocate ( SR-17783[F] dated 11/04/2022 ) +1 CC to M/s.V. RAJIV RUFUS,Advocate ( SR-17889[F] dated 11/04/2022 ) 07.04.2022 MGJ(19.04.2022) 3P 7C 3/3