Madras High CourtWP/15914/2011disposed of

S.Neelakandan, v. The District Collector,

2019-08-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2019

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.15914 of 2011 and M.P.No.1 of 2011 S.Neelakandan ...Petitioner Vs.

1.The District Collector, Thiruvarur District, Thiruvarur.

2.The Junior Engineer, TLC/TNEB Pavithramnickam Thiruvarur District.

3.The Junior Engineer, 110, KV Sub-Station, TNEB Kovil Venni.

4.The Inspector of Police, Needamangalam Police Station, Thiruvarur District.

5.The Tahsildhar, Needamangalam Taluk, Thiruvarur District.

6.The Village Administrative Officer, Adhanur Village, Needamangalam Taluk, Thiruvarur District.

... Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, to call for the records pertaining to the order dated 19.08.2010 having reference No. Na.Ka.6166/2010/A2 passed by the first respondent the District Collector, Thiruvarur and quash the same and consequently direct the first respondent to initiate appropriate steps to dismantle and remove the High Tension Electric line and tower from the patta lands situated at S.F.No's 114A/2A, 114A/2B, 114A/3, 114A/6A, 114A/6B, 114A/7A,

114A/8A, 116B/18 in Adhanoor Village, Needamangalam Subregistration District Thiruvarur District. For Petitioner : Mr.E.P.Senniyangiri For Respondents : Mrs.K.Bhuvaneswari for R1 Additional Government Pleader Mr.Abdul Saleem for R2 & R3

O R D E R

The petitioner filed this Writ Petition, to issue a writ of Certiorari, to call for the records pertaining to the order dated 19.08.2010 having reference No. Na.Ka.6166/2010/A2 passed by the first respondent the District Collector, Thiruvarur and quash the same and consequently direct the first respondent to initiate appropriate steps to dismantle and remove the High Tension Electric line and tower from the patta lands situated at S.F.No's 114A/2A, 114A/2B, 114A/3, 114A/6A, 114A/6B, 114A/7A, 114A/8A, 116B/18 in Adhanoor Village, Needamangalam Subregistration District Thiruvarur District.

2. The learned counsel appearing for the petitioner would submit that it would suffice to grant liberty to the petitioner. The petitioner permitted to submit the appropriate application in consensus with 19(B) of the Indian Telegraph Act. Thereafter, the respondent may be directed to clear the adequate compensation to the petitioner.

3.The learned counsel appearing for the respondent/ Electricity Board would submit that if any appropriate application is received by the competent authority, the competent authority will pass appropriate order in accordance with law within a period of time stipulated by this Court.

4. In view of the request made and time sought by the petitioner, I am inclined to grant liberty to the petitioner to file appropriate application under Section 19(B) before the Competent Authority within a period of two (2) weeks. Thereafter, the competent authority/ Superintending Engineer, Thiruvarur Distirct to assess the compensation with the help of Revenue Officials and request may be considered within a period of eight weeks.

5.With the above direction, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are also closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vkr To 1.The District Collector, Thiruvarur District, Thiruvarur.