Madras High CourtWP/16905/2016disposed of

M/S.Jacaranda Properties Pvt. v. The Chairman

2017-04-05Honourable Mr Justice M.M.Sundresh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2017

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.16905 of 2016 and W.M.P.No.14481 of 2016 and 4329 of 2017 1.M/s.Jacaranda Properties Pvt. Ltd., rep. by its Authorised Signatory 2.XS Real Properties Pvt. Ltd., rep. by its Authorised Signatory ..Petitioners Vs.

1.The Chairman, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO), 144, Anna Salai, Chennai - 2.

2.The Chief Engineer, Transmission, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO), 144, Anna Salai, Chennai - 2.

3.The Superintending Engineer, General Construction Circle II, A-10, T.V.K. Industrial Estate, Chennai - 32.

4.The District Collector, Kancheepuram District, Kancheepuram.

5.The Tahsildar, Kancheepuram Taluk Office, Kancheepuram, Kancheepuram District.

6.The Director, Directorate of Town and Country Planning, No.807, Anna Salai, Chennai - 2.

7.The Member Secretary, Mamallapuram Local Planning Authority, Five Radhas Commercial Complex, Mamallapuram - 603 104.

8.J.Sekar 9.Sathyanarayanan 10.M.Sarala 11.S.Sandhya 12.Vijaya Vasanth 13.R.Anbuvelrajan ..Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of certiorarified mandamus to call for the records relating to the order of the third respondent in Letter No.SE/GCC-II/CNI/EE/C/TP/F.DCWAVR/D285/2016 dated 10.03.2016 and quash the same and consequently direct the respondents to consider the objections of the petitioner dated 12.04.2016 and lay down 400 kv DC line between the LOC 12 to 16 at Kalivandapatti to Ottiambakkam in the alternate route suggested by the petitioners.

For Petitioners ..

Mr.AR.L.Sundaresan, Sr. Counsel for Ms.AL.Ganthimathi For Respondents ..

Mr.R.Muthukumarasamy, Advocate General assisted by Mr.Abdul Saleem for R1 to R3 Mr.S.Diwakar, Spl. Govt. Pleader for R4 to R6 Mr.V.Jayaprakash Narayanan for R7 No appearance for R8 to R13

ORDER

The petitioners have filed the present writ petition with the grievance that the order passed by the third respondent, by which the alternative route stated was not found feasible, in view of the objection raised by the private respondents and also the alternative route comes within reserve forest area. 2.After making submissions, learned senior counsel appearing for the petitioners would submit that leaving all the issues open, the petitioners may be permitted to approach the fourth

respondent, seeking to exercise the power under Section 16 of the Indian Telegraph Act.

3.In such view of the matter, the petitioners are permitted to approach the fourth respondent within a period of two weeks from the date of receipt of a copy of this order. As and when such a representation is made, the fourth respondent shall pass appropriate final order within a period of four weeks thereafter. Till appropriate orders are passed by the fourth respondent, status quo as on today insofar as the proposed line through the petitioners' lands shall be maintained. 4.With the above observation and direction, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mmi To 1.The Chairman, Tamil Nadu Transmission Corporation Ltd., (TANTRANSCO), 144, Anna Salai, Chennai - 2.