P.V.Murugan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI and WMP.No.11182 of 2023 P.V.Murugan
...Petitioner
Vs.
1.
The District Collector, Thiruvallur District, Collectorate Office, Thiruvallur.
2.
The District Revenue Officer, Thiruvallur District, Collectorate Office, Thiruvallur.
3.
The Revenue Divisional Officer, Thiruvallur District, Collectorate Office, Thiruvallur.
4.
The Thasildar Poonamallee Taluk, Having Taluk office at Poonamalle, Chennai - 600 056.
5.
The Additional Divisional Engineer, 1/8
Having E.B. Office at Seneerkuppam, Poonamallee, Thiruvallur District, Chennai - 600 056.
6.
The Assistant Engineer (O & M), Parivakam, Chenani - 600 072.
Thiruvallur District.
...Respondents
Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, forbearing the respondents from erecting and installing electricity substation in the middle of agriculture land comprised in Survey No. 234/7, measuring 84 cents, kalam land in Soranchery village, Poonamallee Taluk, Thiruvallur District by considering petitioner's representation dated 22.02.2023 within the time stipulated by this Hon'ble Court.
For Petitioner : Mr.S.Mohamed Uduman For Respondents : Mr.U.Bharanidharan, AGP
O R D E R
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to forbearing the respondents from erecting and installing electricity substation in the agriculture land comprised in Survey No. 234/7, measuring an extent of 84 cents, Kalam land situated at Soranchery village, Poonamallee Taluk, Thiruvallur District.
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2. Mr.U.Bharanidharan, learned Additional Government Pleader, takes notice for the respondents. In view of consent expressed by the learned counsel on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that he claims to be the owner of a vast extent of Agricultural lands comprised in S.Nos.246/1, 246/2, 247/2, and 248/1, measuring an extent of 32 cents, 27 cents, 22 cents and 3 Acres and 38 cents respectively, situated at Soranchery Village, Poonamallee and he is doing agricultural activities in the said lands. While so, the respondents have decided to erect an E.B. Sub Station in the middle of the Kalam land comprised in S.No.234/7, measuring an extent of 84 cents situated in the petitioner's village. Aggrieved by the same, the petitioner made an objection dated 22.02.2023 before the respondents, seeking to drop the proposal for erection of Electricity sub station, as the same cannot be constructed without damaging the surrounded agricultural lands and the Kalam land is mainly meant to be utilized by the agriculturalists in the said locality, for agricultural purposes only. However, till date, no orders have been passed on the said objection/representation. Hence, this Writ petition.
4. Though very many grounds have been raised, learned counsel for the 3/8
petitioner submits that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation/objection dated 22.02.2023 and to consequently, drop the proposal of erection of Electricity sub station in the above said Kalam land comprised in S.No.234/7.
5. Learned Additional Government Pleader appearing for the respondents submitted that, appropriate orders will be passed on the petitioner's representation/objection dated 22.02.2023 within the time stipulated by this Court.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation/objection dated 22.02.2023 on merits and in accordance with law and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
7. Accordingly, this Writ petition stands disposed of. No costs. Consequently, connected Miscellaneous petition is closed. 4/8
12.04.2023 skt NCC : Yes / No Index : Yes / No Speaking Order : Yes / No To 1.
The District Collector, Thiruvallur District, Collectorate Office, Thiruvallur.
2.
The District Revenue Officer, Thiruvallur District, Collectorate Office, Thiruvallur.
3.
The Revenue Divisional Officer, Thiruvallur District, Collectorate Office, Thiruvallur.
4.
The Thasildar Poonamallee Taluk, Having Taluk office at Poonamalle, Chennai - 600 056.
5.
The Additional Divisional Engineer, Having E.B. Office at Seneerkuppam, Poonamallee, Thiruvallur District, Chennai - 600 056.
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6.
The Assistant Engineer (O & M), Parivakam, Chenani - 600 072.
Thiruvallur District.
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M.DHANDAPANI., J.
skt and WMP.No.11182 of 2023 7/8
12.04.2023 8/8