Madras High Court
B. Nagarajan vs The Chairman And Managing Director on 23 July, 2014
Author: S. Vaidyanathan
Bench: S. Vaidyanathan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 23.07.2014 CORAM THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN W.P. No. 28195 of 2011 & M.P. No. 1 of 2011 B. Nagarajan ..Petitioner Vs. 1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Company, 10th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai 600 002. 2. The Chief Engineer (Personal), Tamil Nadu Generation and Distribution Corporation Company, 10th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai 600 002. 3. The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Company, North Chennai Thermal Power Station, Chennai 600 057. 4. The District Collector, Office of the Collectorate, Thiruttani Main Road, Thiruvallur District, Thiruvallur 602 001. ..Respondents Prayer: Petition under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus directing the 1st respondent herein to appoint the petitioner on the basis of one job per family rehabilitation scheme adopted by the Tamil Nadu Electricity Board for rehabilitation of ex-land owners of the lands acquired for the purpose of North Thermal Power Station owned by the 1st respondent. For Petitioner :: Mr.R. Karunagaran For Respondents :: Mrs.R. Varalakshmi for R1 to R3 Mr.S.V. Duraisolaimalai Addl. Govt. Pleader for R4 O R D E R
The petitioner has come forward with the following prayer:
"To issue a Writ of Mandamus directing the 1st respondent herein to appoint the petitioner on the basis of one job per family rehabilitation scheme adopted by the Tamil Nadu Electricity Board for rehabilitation of ex-land owners of the lands acquired for the purpose of North Thermal Power Station owned by the 1st respondent."
2. The undisputed facts of the case are as follows:
The petitioner's mother is the owner of punja lands in an extent of 0.40 cents comprised in Survey No. 1543/1 and 0.35 cents comprised in Survey No. 1543/3, totalling, 0.75 cents situated at No.92, Voyalur Village, Ponneri Taluk, Chengalpattu District. According to the petitioner, the Special Tahsildar, Land Acquisition, North Madras Thermal Power Project, Kathivakkam, Chennai 57, served a notice under Section 3A of the Land Acquisition Act on the petitioner on 23.07.1990 and passed an order on 31.08.1990 acquiring the lands. Thereafter, the quantum of compensation was arrived at Rs.17,731/- and the petitioner was directed to hand over delivery of possession on or before 30.04.1992. The 4th respondent assured employment for the petitioner as a measure of re-habilitating ex-land owners of the land acquired for the purpose of North Chennai Thermal Power Station owned by the 1st respondent. However, till date, the petitioner has not been given any employment eventhough an order of employment assurance was passed by the 1st respondent. The periodical representations made by the petitioner proved futile. According to the petitioner, persons, whose lands were acquired for the purpose of North Chennai Thermal Power Station filed W.P. No. 11623 of 1999 and the said writ petition was disposed of by order dated 18.11.2008 directing the 1st respondent therein to provide suitable employment to the petitioners therein in the Electricity Board. Further, the petitioner states that the land acquisition was covered by a scheme under which the land losers were to be provided employment in the ratio of one person per family and when similarly placed persons, like him, have been given employment, he has been deprived of the benefit of the same. Hence, the present writ petition.
3. The respondent Board has filed a counter affidavit, wherein, at paragraph No.8, it has been stated as hereunder:
"I submit that as per the direction of the Hon'ble High Court, Madras, the District Collector, Thiruvallur, had initially sent a list of 79 persons in respect of Voyalur Village for employment on account of Land Acquisition. Subsequently, the District Collector, had sent a revised list of 82 persons of Voyalur Village for employment. Out of the above 82 persons, the Tamil Nadu Electricity Board had provided employment to 81 persons, except 1 person, to whom further clarification was sought for, from the District Collector."
4. The learned counsel for the respondent Board submitted that eventhough the petitioner is eligible, for want of additional details from the District Collector, the respondent Board is not in a position to pass final orders providing employment to the petitioner.
5. Eventhough the 4th respondent has not filed counter affidavit, the learned Additional Government Pleader appearing for the 4th respondent would submit that the 4th respondent, would furnish all the details, sought by the Board, with regard to the petitioner, within a period of 8 weeks from the date of receipt of a copy of this order.
6. Considering the submissions made by the learned counsel for the respondent Board and the learned Additional Government Pleader, this Courts expects that, without seeking further extension of time, the District Collector, Thiruvallur District, would furnish all the details to the Electricity Board, as required by them, in respect of the petitioner, within a period of 8 weeks from the date of receipt of a copy of this order. On receipt of details from the District Collector, the Electricity Board will have to pass appropriate orders, on merits, within a period of 4 weeks thereafter, taking into account, the decision of this Court in W.P. No. 11623 of 1999 dated 18.11.2008. The writ petition is disposed of on the above terms. No costs. 23.07.2014 nv To
1. The Chairman and Managing Director, Tamil Nadu Generation and Distribution Corporation Company, 10th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai 600 002.
2. The Chief Engineer (Personal), Tamil Nadu Generation and Distribution Corporation Company, 10th Floor, NPKRR Maaligai, No.144, Anna Salai, Chennai 600 002.
S. VAIDYANATHAN,J.
nv
3. The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Company, North Chennai Thermal Power Station, Chennai 600 057.
4. The District Collector, Office of the Collectorate, Thiruttani Main Road, Thiruvallur District, Thiruvallur 602 001.
W.P. No. 28195 of 201123.07.2014