T.Sampangiappa v. The Chief Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE T.S.SIVAGNANAM W.P.No.13154 of 2015 and M.P.No.1 of 2015 T.Sampangiappa .. Petitioner -vs1.The Chief Engineer, No.800, N.P.K.R.R. Maligai, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, General Construction Circle, A-10, T.V.K. Industrial Estate, Guindy, Chennai-600 032.

3.The Superintending Engineer, Krishnagiri.

4.The Assistant Engineer, (Operation and Maintenance), Sipcot - 1, Sipcot-635 126.

5.Gopal .. Respondents Petition under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondents 1 to 4 not to relocate High Tension 110 K V over head transmission lines, (crossing from Tally Huduco, Hosur to SFL a private concern) through

S.No.46/2, Public Road, Kothakandapalli village and consequently directing the respondents not to erect any towers/Post for the Transmission of High Tension power at Survey No.46/2, Public Road at Kothakanda Palli village, Hosur Taluk, Krishnagiri District. For Petitioner : Mr.D.Babu For Respondents : Mr.M.Varunkumar for R1 to R4

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The writ petition filed for almost an identical prayer was dismissed for non-prosecution on 03.07.2013 and no endeavour was made to restore it. Now, a fresh writ petition has been filed as Public Interest Litigation stating that the High Tension tower location should be shifted. Really, it is completely within the administrative domain and it is not possible for this Court nor does it have the expertise to decide where such tower should be located.

2. We, thus, are of the view that the Public Interest Litigation is not maintainable. However, if the petitioner still wants to pursue his request administratively, it is open to him to do so.

3. The writ petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2015 is closed. Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar bbr To 1.The Chief Engineer, No.800, N.P.K.R.R. Maligai, Anna Salai, Chennai-600 002.

2.The Superintending Engineer, General Construction Circle, A-10, T.V.K. Industrial Estate, Guindy, Chennai-600 032.

3.The Superintending Engineer, Krishnagiri.

4.The Assistant Engineer, (Operation and Maintenance), Sipcot - 1, Sipcot-635 126.

1 cc to Mr.M. Varunkumar, Advocate, Sr. 23680 1 cc to Mr. D. Babu, Advocate, Sr. 23670 W.P.No.13154 of 2015 SR (CO) kk 19/5