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2012 Supreme(Mad) 2085

R.SUDHAKAR
Shri Sathya Sai Warehousing & Logistics Park (SSS ) Pvt. Ltd. , rep. by its Director C. Nagalakshmi – Appellant
Versus
Chairman Tamil Nadu Electricity Board – Respondent


Advocates Appeared:
For the Petitioner:V. Parthiban for M/s. Paul & Paul, Advocates.
For the Respondents:Navaaneethakrishnan, Advocate General assisted by G. Vasudevan, Advocate.

Judgment :-

1. The petitioner filed the present writ petition seeking for a Certiorarified Mandamus calling for the records of 2nd respondent leading to the issue of the impugned order No.SE/GCC/CNI/AEE/MM/F.LRT/D 379/10 dated 25.5.2010 and quash the same as illegal and void and consequently direct the respondents to forbear from erecting electrical towers on the petitioner's lands in Survey Numbers 292/2, 293/5, 290/1, 293/7 & 289/3B without their consent and without following the due process of law.

2. The petitioner, a private limited company, has filed this writ petition to quash the letter of the second respondent Superintending Engineer dated 25.05.2010 whereby the objection of the petitioner to realign the transmission line has been rejected by the Superintending Engineer stating that the erection of the tower lines was commenced based on the Government approval granted in G.O.Ms.No.102 Energy (C3) Department, dated 10.12.2009 as provided under Sections 68 and 164 of the Electricity Act, 2003. The Superintending Engineer also stated that the technical feasibility was considered at the time of drawing the proposal and approval of the project and therefore, deviation is not po

















































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