C.Masilamani v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :06.03.2020
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.5955 of 2020 and WMP.Nos.6980 to 6982 of 2020
1. C. Masilamani
2. P. Thirumalaisamy
3. N. Jothiprakasam
4. Selvaraj ... Petitioners -vs1. The District Collector, Tiruppur District, Tiruppur.
2. The Block Development Officer, Gudimangalam Panchayat Union, Udumalpet Taluk, Tiruppur District.
3. The President, Amanthakadavu Village Panchayat, Udumalpet Taluk, Tiruppur District.
4. Watson Infra Build Private Limited, Rep. by its Manager, Door No.260, 4th Street, Gandhi Nagar, Udumalpet Taluk, Tiruppur District.
...Respondents.
Prayer : Petition under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned order of the 2nd respondent in Na.Ka.No.1/2019-2020/Aa.Oo, dated 30.10.2019 and quash the same as illegal and consequently direct the respondents 1 to 3 to restrain the 4th respondent and their men from laying electricity poles and drawing electricity lines in the property situated in the cart track running North-South along the survey numbers in 20,21, 58, 78, 89 and 234 in
Amanthakadavu Village, Udumalpet, Tirrupur District thereby protecting the petitioners to reach their fields and also to carry the produce from and too their lands.
For Petitioner : Mr.M. Purushothaman For Respondents : Mr.Parameswaran Government Advocate [R1 to R3]
ORDER
The petitioner has filed this writ petition supporting the grievance of the Villagers on the ground that the electricity lines is proposed to be drawn by the 4th respondent in the middle of existing pathway.
2. The learned counsel for the petitioner has referred to one of the conditions in the work order dated 30.10.2019, which says that the electricity line can only be in the edge of the road and it should be 4 meters away from the road. The petitioners' case is that this has been violated.
3. Therefore, there will be a direction to the 2nd respondent to conduct an inspection by today i.e., 06.03.2020 and examine as to whether there is a pathway and if there is a pathway in the existing road, the electricity line shall not be laid in the middle of the pathway as per the conditions imposed in the work order dated 30.10.2019.
4. Mr.Parameswaran, learned Government Advocate, who accepts notice for the respondents 1 to 3 is directed to communicate this order today itself to the 2nd respondent without waiting for the certified copy.
With the above direction, the writ petition stands disposed of. No costs. Connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mp
To
1. The District Collector, Tiruppur District, Tiruppur.
2. The Block Development Officer, Gudimangalam Panchayat Union, Udumalpet Taluk, Tiruppur District.
3. The President, Amanthakadavu Village Panchayat, Udumalpet Taluk, Tiruppur District.
+2ccs to Mr.M. Purushothaman, Advocate, S.R.No.20340 +1cc to the Government Pleader, S.R.No. 21180 W.P.No.5955 of 2020 and WMP.Nos.6980 to 6982 of 2020 RSV(CO) KKV/18/03/2020