IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.04.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR W.P.No.10644 of 2011 and M.P.No.1 of 2011 M/s.Venkatesh Coke and Power Ltd., C-23, Friends Colony (East), Mathura Road, New Delhi – 110 065. rep. By its authorised signatory Mr.R.Padmanaban ... Petitioner/Petitioner Versus 1. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002. 2. The Chief Engineer(Distribution) Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002. 3. The Director Transmission Projects 6th Floor, Western Wing, NPK RR Maaligai, 144, Anna Salai, Chennai 600 002. 4. The Chairman, Ennore Port, Ennore, Chennai 600 057. .... Respondents/Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for the relief of issuance of writ of Certioarified Mandamus calling for the order passed by the third respondent in Ref.Lr.No.DIR/Tr.ProJ/SE 400KV/EEC/A1/F.1557/D917/2010 dated 14.10.2010 and quash the same and consequently direct the first respondent to comply the order passed by the second respondent dated 12.06.2000 vide Memo No.CEB/CNR/EET/F,DCW East No.09/D299/2000- 2001/operation/CN1/2000 existing 230 KV lines and also the erecting of new 400 KV DC lines from NCTPS Stage II in the lands adjacent to the petitioner's lands belongs to the TNEB comprised in Survey Nos. https://hcservices.ecourts.gov.in/hcservices/ 77,73,74,64,65,61,59,15,14,13,12,5,4,156,155,154 ad 171 of Athipattu Village, Ponneri Taluk, Trivellore District. For Petitioners : Mr. M.Venkatachalapathy, Senior Counsel for Mr.V.R.Kamalanathan For Respondents : Mr. A.Selvendran, Govt. Advocate O R D E R This writ petition has been filed to issue a writ of Certioarified Mandamus calling for the order passed by the third respondent in Ref.Lr.No.DIR/Tr.ProJ/SE 400KV/EEC/A1/F.1557/D917/2010 dated 14.10.2010 and quash the same and consequently direct the first respondent to comply the order passed by the second respondent dated 12.06.2000 vide Memo No.CEB/CNR/EET/F,DCW East No.09/D299/2000- 2001/operation/CN1/2000 existing 230 KV lines and also the erecting of new 400 KV DC lines from NCTPS Stage II in the lands adjacent to the petitioner's lands belongs to the TNEB comprised in Survey Nos. 77,73,74,64,65,61,59,15,14,13,12,5,4,156,155,154 ad 171 of Athipattu Village, Ponneri Taluk, Trivellore District. 2.Heard the Mr.M.Venkatachalapathy, learned Senior Counsel appearing for the petitioner. 3. The petitioner claims to be the owner of a large extent of land. On a part of that land a power line is already running. The respondent Board is in the process of establishing another tower line of 400 KVA. For this one tower has already been erected. The petitioner made a representation to change the alignment of the new transmission line stating that the large extent of the petitioner's land would be affected. It is further contended that there is large tract of land belonging to the electricity board on the eastern side of the petitioner's property, which can be utilised for the proposed 400KVA transmission line and hence the writ petition has been filed. 4.Learned Senior counsel appearing for the petitioner also pointed out that in the year 2000, the respondents Board agreed to shift the power transmission line but it could not be effected for various reasons that the company was facing at that point of time. In the light of the above, petitioner made a requests for re- alignment to 400 KVA transmission line through a different route. 5.Heard Mr.A.Selvendran, learned counsel appearing for the respondents who submits that the earlier proceedings referred to by petitioner has become stale and the circumstance that prevailed then does not exist now. Since the petitioner has objected to the laying of the line, the authorities will proceed in the matter purely in https://hcservices.ecourts.gov.in/hcservices/ accordance with law and get appropriate permission from the competent authority, under the provisions of the Telegraphic Act. 6.Considering the above facts and circumstances, this writ petition is disposed of with a direction to the respondent to make an application before the District Collector and on such application being made the District Collector is directed to consider the issue raised by the Board and pass appropriate proceedings as per law on or before 10.06.2011. No costs. Consequently, connected miscellaneous petition is closed. Sd/ Asst. Registrar /true copy/ Sub Asst.Registrar Smi To 1. The Chairman, Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002. 2. The Chief Engineer(Distribution) Tamil Nadu Electricity Board, Anna Salai, Chennai 600 002. 3. The Director Transmission Projects 6th Floor, Western Wing, NPK RR Maaligai, 144, Anna Salai, Chennai 600 002. 4. The Chairman, Ennore Port, Ennore, Chennai 600 057. 1 cc To M/s.V.R.Kamalanathan, Advocate, SR.30847 W.P.No.10644 of 2011 UG (CO) RH (5.5.11) https://hcservices.ecourts.gov.in/hcservices/