Madras High CourtWP/3732/2019disposed of

P.Mahalingam v. The Collector

2019-02-08Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2019

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.3732 of 2019 P.Mahalingam ..

Petitioner -vs1. The Collector Dharmapuri District, Dharmapuri

2. The Revenue Divisional Officer

3. The Tahsildar Dharmapuri Taluk

4. The General Manager Power Grid Corporation of India Sankari, Salem District ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioner dtaed 08.12.2018 and till such time direct the respondents not to erect transmission line 800 KV HYDC or pass through over the agricultural land of the petitioner situated in Survey Nos.936/2 of Konangihalli Village, Dharmapuri Taluk (Patta No.835) to the extent of 2.36 acres.

For Petitioner:: Mr.S.Doraisamy for Mr.V.Elangovan For Respondents:: Mr.K.Ravikumar Additional Government Pleader for R1 to 3 Mrs.Rita Chandrasekaran for M/s Aiyar & Dolia for R4

ORDER

Mr.P.Mahalingam, claiming to be the owner of agricultural land situated in Survey No.936/2 of Konangihalli Village,

Dharmapuri Taluk enjoying patta No.835 to an extent of 2.36 acres, has filed this writ petition under Article 226 of the Constitution of India seeking issuance of a mandamus, directing the respondents herein not to erect transmission line of 800 KV HYDC over the agricultural land of the petitioner situated in Survey No.936/2 of Konangihalli Village, Dharmapuri Taluk (Patta No.835) to an extent of 2.36 acres.

2. When the matter was taken up, Mr.S.Doraisamy, learned counsel for the petitioner, limiting his prayer, sought for a mere direction to the respondents to consider the representation of the petitioner dated 8.12.2018 on merits.

3. Mr.K.Ravikumar, learned Additional Government Pleader, taking notice on behalf of the respondents 1 to 3, submitted that the limited prayer of the petitioner to pass orders on his representation will be considered by the first respondent on merits and he sought two weeks time for disposal of the representation.

4. Heard Mrs.Rita Chandrasekaran, learned counsel for the fourth respondent also.

5. This Court, accepting the request made by the learned counsel for the petitioner and the learned Additional Government Pleader, hereby directs the first respondent to consider the pending representation of the petitioner on merits and pass appropriate orders in accordance with the guidelines, within a period of two weeks from the date of receipt of a copy of this order. The writ petition stands disposed of accordingly. Consequently, W.M.P.No.4129 of 2019 is closed. No costs. Sd/- Assistant Registrar (CO) //True Copy// Sub Assistant Registrar ss To

1. The District Collector Dharmapuri District, Dharmapuri

2. The Revenue Divisional Officer

3. The Tahsildar Dharmapuri Taluk

4. The General Manager Power Grid Corporation of India Sankari, Salem District +1cc to Mr.S.Doraisamy, Advocate, S.R.No.11162 +1cc to the Government Pleader, S.R.No. 12321 W.P.No.3732 of 2019 VSN II(CO) GN(07/03/2019)