G.Sankaran v. Power Grid Corporation Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.03.2024 CORAM :
THE HONOURABLE DR.JUSTICE ANITA SUMANTH and W.M.P.No.1046 of 2024 G.Sankaran .. Petitioner vs 1.Power Grid Corporation of India, Through its Deputy General Manager, No.1, Pachayappa Nagar, Tvm Thiruvannainallur Road, Ulundurpet, Villupuram, Tamil Nadu - 606 107.
2.The District Collector, District Collector Office, Villupuram - 605 602.
3.The Special Tahsildar, (LA, NH-45A), District Collector Office, Villupuram - 605 602.
4.National Highways Authority of India, No.26, 1st Floor, VGP Nagar West, Vazhudhareddy Post, Villupuram.
5.The Superintendent of Police, Villupuram Police Station, Villupuram.
.. Respondents Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus to direct the 2nd respondent to conduct a fresh enquiry on the proposed alignment of transmission 1/5
lines situated on the property of the petitioner S.Nos. 4/1B, 4/2B, 4/3B and 4/4B based on the representation dated 09.10.2023, pass any other appropriate writ, order or direction, as the case may be fit and proper in the facts and circumstances of the case. For Petitioner :
Mr.M.Aravind Subramaniam, Senior Counsel for Ms.K.Dheepakshi For Respondents :
Mr.V.Kalyanaraman for M/s.Aiyar and Dolia for R1 Ms.S.R.Sumathy for R4 Mr.S.John J Raja Singh Additional Government Pleader for R2, R3 R5
ORDER
W.M.P.No.4976 of 2024 is filed seeking out of turn hearing of W.P.No.1002 of 2024. Pleadings are yet incomplete. However, all learned counsel would submit that they are armed with sufficient instructions to enable a final disposal of this matter even today. For this reason, W.M.P. No.4976 of 2024 is ordered and W.P.No.1002 of 2024 is listed under a special list today.
2.
The petitioner seeks a mandamus directing R2 to conduct fresh enquiry on the proposed alignment of transmission lines situated in Survey Nos. 4/1B, 4/2B, 4/3B and 4/4B ('subject land'). In the prayer, the petitioner refers to representation dated 09.10.2023.
3.
However, learned counsel appearing for respondents, in unison, point out that proper authority to consider any 2/5
representation of the petitioner in regard to the subject land is the National Highways Authority of India / R4. Instead the representations have been addressed by the petitioner to R1 to R3, being Power Grid Corporation of India, The District Collector, Villupuram and The Special Tahsildar, respectively. 4.
National Highways Authority of India / R4 has however replied to application made under RTI on 21.10.2023 that existing power in the petitioner's land pertains to TANTRANSCO and thus the details of shifting / removal of the powers is not available in its office. TANTRANSCO has not been made a party in this matter. 5.
Thus, in such circumstances, there would be no point in issuing mandamus as sought for by the petitioner. Let the petitioner approach the proper authority in order that his representation may be disposed expeditiously after hearing him, and in accordance with law.
6.
Writ petition stands disposed in terms of this order. No costs. Connected miscellaneous petition is closed. 08.03.2024 Index:Yes/No ssm 3/5
To 1.The Deputy General Manager, Power Grid Corporation of India, No.1, Pachayappa Nagar, Tvm Thiruvannainallur Road, Ulundurpet, Villupuram, Tamil Nadu - 606 107.
2.The District Collector, District Collector Office, Villupuram - 605 602.
3.The Special Tahsildar, (LA, NH-45A), District Collector Office, Villupuram - 605 602.
4.National Highways Authority of India, No.26, 1st Floor, VGP Nagar West, Vazhudhareddy Post, Villupuram.
5.The Superintendent of Police, Villupuram Police Station, Villupuram.
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DR. ANITA SUMANTH,J.
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