Avinashi Small Scale v. The Chairman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2017

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.P.No.15238 of 2017 and W.M.P.No.16530 of 2017 Avinashi Small Scale Industrial Estate Association, Rep. by its President, CH.Ambalavan S/o.Chokkalingam, No.9, Kamaraj Street, Avanashi-638 654, Tiruppur District.

... Petitioner Vs.

1.The Chairman, Tamil Nadu Electricity Board, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer, Tamil Nadu Transmission Corporation, Mannarpuram, Trichy - 620 020.

3.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, No.182-Doctor Subbarayan Salai, Tatabad, Coimbatore - 641 012.

4.The District Collector, Palladam Road, Tiruppur - 641 601, Tiruppur District. ...Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondents authorities from erection of electrical towers and transmission of lines in respect of petitioner association land comprised in S.Nos.525/1, 525/2 situated at Vettuvapalayam Village, Avanashi Taluk, Tiruppur District by considering the representation dated 13.12.2016 and 24.01.2017.

For Petitioner : Mr.K.Myilsamy For Respondents: Mr.S.K.Rameshwar (For R1 to R3) Mr.S.Diwakar Special Government Pleader (For R4)

O R D E R

With the grievance over the erection of electric towers and transmission lines meant to be erected over the land of the petitioner association, a representation was given by it on 13.12.2016 and 24.01.2017 respectively to the 4th respondent. Seeking appropriate orders in the pending representation, the present writ petition has been filed.

2.Taking note of the pendency of the representation coupled with the fact that the 4th respondent is the competent authority to exercise the power under Section 10 r/w. 16 of the Indian Telegraphic Act, a direction is issued to the said authority to dispose of the representation of the petitioner association dated 13.12.2016 and 24.01.2017 respectively within a period of four weeks from the date of receipt of a copy of this order after affording an opportunity of being heard to the petitioner association and the respondents 2 and 3, as the case may be. Till such time, Status Quo as on today shall be maintained. 3.With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar cse To 1.The Chairman, Tamil Nadu Electricity Board, NPKRR Maaligai, No.144, Anna Salai, Chennai - 600 002.

2.The Chief Engineer, Tamil Nadu Transmission Corporation, Mannarpuram, Trichy - 620 020.

3.The Superintending Engineer, General Construction Circle, Tamil Nadu Transmission Corporation, No.182-Doctor Subbarayan Salai, Tatabad, Coimbatore - 641 012.

4.The District Collector, Palladam Road, Tiruppur - 641 601, Tiruppur District.

+1cc to Mr.K.Myilsamy, Advocate Sr.42920 +1cc to the Government Pleader Sr.43463 [03/07/2017] W.P.No.15238 of 2017 and W.M.P.No.16530 of 2017 srg 30/06/2017