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Madras High CourtWP/6454/2021allowed

A.Murugasamy v. The Chairman,

2021-03-12Honourable Mr Justice B.Pugalendhi4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12/3/2021 C O R A M THE HONOURABLE Mr.JUSTICE B.PUGALENDHI Writ Petition No.6454 of 2021 A. Murugasamy ...

Petitioner Vs

1. The Chairman Tamil Nadu Electricity Board NPKRR Maaligai 144 Anna Salai Chennai 600 002.

2. The Chief Engineer Mannarpuram Trichy 620 020.

3. The Superintending Engineer General Construction Circle No.182 Doctor Subbarayan Salai Tatabad Coimbatore 641 012.

4. The District Collector Palladam Road Tiruppur 641 601 Tiruppur District.

...

Respondents Prayer:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records of order, dated 23/2/2021, vide Proceedings in Na.Ka.No.4612 of 2019/E5 on the file of the fourth respondent and quash the same and consequently direct the fourth respondent to conduct fair enquiry in accordance with order passed by this Court in W.P.No.1490 of 2018 dated 8/8/2019.

For petitioner ...

Mr.K. Mylsamy

For respondents ...

Mr.Abdul Saleem for R.R.1 to 3 Mr.M. Elumalai Additional Government Pleader for R.4

O R D E R

This writ petition has been filed to quash the order, dated 23/2/2021, passed by the fourth respondent, in Na.Ka.No.4612 of 2019/E5 and consequently, direct the fourth respondent, to conduct fair enquiry, in accordance with order passed by this Court, in W.P.No.1490 of 2018, dated 8/8/2019.

2. The petitioner is having a land to an extent of 4.70 acres, comprised in S.Nos.334/1A, 335 New Survey No.335/2, situated at Nambiyampalayam Village, Avinashi Taluk, Tiruppur District and the third respondent has issued a Notification for laying high tension towers. Hence, the petitioner along with two others have filed W.P.Nos.14940, 24073 and 20919 of 2018. Vide, order, dated 8/8/2019, this Court has disposed of the writ petitions, giving liberty to the petitioners therein to work out the remedy, as per Section 17 of the Indian Telegraph Act, 1885, with a direction to the District Collector to give an opportunity of hearing to all the parties concerned and shall pass appropriate orders in accordance with law. Since the order, dated 8/8/2019, has not been complied with by the respondent District Collector, the petitioner has come forward with the present writ petition.

3. Heard Mr.K.Myilsamy, learned counsel for the petitioner, Mr.Abdul Saleem, learned counsel for the respondents 1 to 3 and Mr.M.Elumalai, learned Additional Government Pleader for the fourth respondent.

4. Mr.Abdul Saleem, learned Standing counsel for the respondents 1 to 3 submits that even before the order of this Court, dated 8/8/2019, towers had been erected and therefore, opportunity of hearing was not given to the petitioner by the District Collector and pursuant to the orders of this Court, the District Collector has also convened a meeting and issued summons to the petitioner, based on the earlier orders passed by this Court. But however, he concluded the said proceeding in the absence of the petitioner and that the petitioner did not appear for the enquiry.

5. The main grievance of the petitioner is that they have not received any summons.

6. This Court, without expressing anything on the merits of the claim made by the respective counsel, found that already an

order has been passed by this Court, in W.P.Nos.14940 of 2018, etc., batch, directing the respondent District Collector to conduct an enquiry, by providing an opportunity of hearing to the parties concerned, on the application of the petitioner made, under Section 17 of the Indian Telegraph Act, 1885. The impugned order came to be passed, without hearing the petitioner.

7. Learned counsel for the petitioner submits that they will appear for the next date of hearing, if any summons is issued, by the District Collector, in this regard.

8. In the result, this writ petition is allowed and the impugned order, dated 23/2/2021, passed by the fourth respondent is set aside. The petitioner is directed to make a fresh application, under Section 17 of the Indian Telegraph Act, 1885 and if any such application is made by the petitioner, the District Collector, shall provide an opportunity of hearing to the petitioner and then pass appropriate order, on merits and in accordance with law, within a period of twelve weeks, from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mvs.

To

1. The Chairman Tamil Nadu Electricity Board NPKRR Maaligai 144 Anna Salai Chennai 600 002.

2. The Chief Engineer Mannarpuram Trichy 620 020.

3. The Superintending Engineer General Construction Circle No.182 Doctor Subbarayan Salai Tatabad Coimbatore 641 012.

4. The District Collector Palladam Road Tiruppur 641 601 Tiruppur District.

+1cc to Mr.K.Mylsamy, Advocate, S.R.No.16275 +1cc to Mr.Abdul Saleem, Advocate, S.R.No.16331 +1cc to the Government Pleader, S.R.No.16711 Writ Petition No.6454 of 2021 PL(CO) KM(21/04/2021)