S.Sennimalai Gounder v. The Chairman
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2020
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.7728 of 2020 and W.M.P.No.9099 of 2020 S.Sennimalai Gounder S/o.Sendraya Gounder Milagaipothai Kannamoochi Village Mettur Taluk Salem District.
... Petitioner Vs 1.
The Chairman TANGEDCO 8th Floor, Eastern Wing NPKRR Maaligai 144, Anna Salai Chennai-600 002.
2.
The District Collector Salem District Salem.
3.
The Superintending Engineer Transmission Line Construction & Distribution Aattur Road, Salem-14.
4.
M/s.Kalpataru Power Transmission Limited 698 Perundurai Sennimalai Road, Eengur Village Perundurai Taluk Erode - 638 052.
.. Respondents Page No.1/3
Prayer:
Writ Petition filed under Article 226 of the Constitution of India praying Writ of Mandamus, forbearing the respondents from in any manner carrying on with any work relating to erection of high tension electricity transmission lines over the agricultural lands of the petitioner in Survey No.458, Kannamoochi Village, Mettur Taluk, Salem District except in accordance with law.
For Petitioner :
Mr.V.Suthakar For Respondents :
Mr.R.Govindasamy Special Government Pleader for R2 Mr.Abdul Saleem, standing counsel for R1 & R3 Ms.Vandana Raheja, for R4
O R D E R
This matter is taken up for hearing through VideoConferencing mode.
2. Heard both sides.
3. The petitioner is aggrieved against the action of the respondents 1, 3 & 4 in erecting high tension electricity transmission lines over his agricultural lands in Survey No.458, Kannamoochi Village, Mettur Taluk, Salem District.
4. According to the petitioner, if the power lines are drawn over his land, it would affect his bore well situated therein.
5. On the other other hand, it is contended by the learned standing counsel for the respondents 1 & 3 that already a representation has been made to the District Collector on 26.05.2020 under Section 16 of the Indian Telegraph Act, 1885 and therefore, the District Collector has to consider and pass orders on the said representation.
6. Needless to state that once the matter is referred before the District Collector under Section 16 of the Indian Telegraph Act, it is for the parties to make their submissions to the District Collector, who in turn will consider the same and pass orders on merits and in accordance with law. Therefore, without expressing any view on the merits of the claim made by the parties, this Writ Petition is disposed of only by directing the second respondent to consider the Page No.2/3
representation made by the respondents 1 & 3 on 26.05.2020 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well. Such exercise shall be done by the second respondent within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar mk To 1.
The Chairman TANGEDCO 8th Floor, Eastern Wing NPKRR Maaligai 144, Anna Salai Chennai-600 002.
2.
The District Collector Salem District Salem.
3.
The Superintending Engineer Transmission Line Construction & Distribution Aattur Road, Salem-14.
W.P.No.7728 of 2020 ssv(co) aa04/08/2020 Page No.3/3