M/S.Sivaraj Spinning Mills Pvt. Ltd., v. The Chairman Cum Managing Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE VIVEK KUMAR SINGH M/s.Sivaraj Spinning Mills Private Limited Rep. by its Electrical Engineer B.Boopathykumaran : Petitioner Vs.
1. The Chairman Cum Managing Director, TANGEDCO, Head Office, Tantransco Building, No.144, Anna Salai, Chennai -600 002.
2. The Inspector General of Vigilance, TANGEDCO, TANGEDCO Head Office, Tantransco Building, No.144, Anna Salai, Chennai -600 002.
3. The Chief Electrical Inspector, TANGEDCO, Spencer Compound, 6th Cross Street, Dindigul -624 003.
4. The Superintending Engineer, Dindigul Electricity Dindugul Circle, S.S.Complex, M.N.Patti, Dindigul.
: Respondents 1/7
PRAYER: Writ Petitions filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 4 permitting the petitioner to rectify the damaged electric lines of Sivaraj Solar Power Plant, KottaiyurAgaram Village, Thadikombu, Nilakottai Taluk, Dindugal District, with appropriate protection through Tangedco officials and policem, in order to restore the supply of solar power from the solar power plant to Batlagundu Sub-station, pursuant to the petitioner's representations dated 06.04.2025 and 14.04.2025. For Petitioner : Mr.K.Govindarajan for Ms.M.F.Shabana For Respondents : Mr.S.Deenadhayalan Standing Counsel
O R D E R
This Writ Petition has been filed seeking a direction to the respondents 1 to 4 permitting the petitioner to rectify the damaged electric lines of Sivaraj Solar Power Plant, Kottaiyur Agaram Village, Thadikombu, Nilakottai Taluk, Dindugal District, with appropriate protection through TANGEDCO officials and policemen, in order to restore the supply of solar power from the solar power plant to Batlagundu Sub-station, pursuant to the petitioner's representations dated 06.04.2025 and 14.04.2025.
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2. Heard the learned counsel for the parties. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3. Alleging that the electric post was damaged and that aluminium panther conductor cables were cut and stolen over a stretch of approximately 300 metres, the petitioner lodged an online complaint, pursuant to which CSR No.256 was issued on 03.04.2025. Thereafter, the petitioner proposed to rectify the electrical lines, however, on 05.04.2025, it was again found that from the 6th pole to the 8th pole at the Batlagundu TANGEDCO sub-station, aluminium panther conductor cables had been cut and stolen over an additional stretch of 100 metres. In this regard, the petitioner submitted complaints and representations dated 05.04.2025 and 14.04.2025 to the respondents 1, 3 and 4. Subsequently, the petitioner was instructed to obtain consent letters from the landowners on whose land the electric posts were installed. Although the petitioner secured the required permissions, no support has been extended by TANGEDCO to resolve the issue. As a result of the theft, the petitioner claims to have suffered a loss amounting to Rs.8,00,000/-. 3/7
Aggrieved by the inaction of the authorities, the petitioner has now approached this Court by filing the present Writ Petition. 4.The learned counsel for the petitioner further submitted that it would suffice if this Court issues a direction to the third respondent to consider the petitioner's representation dated 14.04.2025 and to permit the petitioner to seek assistance from the police.
5. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.
6. In light of the above observations and considering that the petitioner is engaged in the production of solar power contributing to 4/7
nation-building, there shall be a direction to the third respondent to consider the petitioner's representation dated 14.04.2025, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner, as well as all other persons, who may be interested in the subject matter, within a period of one week from the date of receipt of a copy of this order. Consequently, the petitioner is also at liberty to approach the police for any assistance required in this matter. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the third respondent to consider the same on its own merits.
7. With the above directions, the Writ Petition stands disposed of. There shall be no order as to costs. 28.04.2025 Index : Yes / No Internet : Yes / No PKN 5/7
To
1. The Chairman Cum Managing Director, TANGEDCO, Head Office, Tantransco Building, No.144, Anna Salai, Chennai -600 002.
2. The Inspector General of Vigilance, TANGEDCO, TANGEDCO Head Office, Tantransco Building, No.144, Anna Salai, Chennai -600 002.
3. The Chief Electrical Inspector, TANGEDCO, Spencer Compound, 6th Cross Street, Dindigul -624 003.
4. The Superintending Engineer, Dindigul Electricity Dindugul Circle, S.S.Complex, M.N.Patti, Dindigul.
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VIVEK KUMAR SINGH, J.
PKN W.P.(MD) No.12352 of 2025 28.04.2025 7/7