K.M.Venkatachalapathy v. The District Collector Cum

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 29.07.2015 Coram:

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.22950 of 2015 K.M.Venkatachalamurthy .. Petitioner vs.

1.The District Collector cum District Magistrate, Erode District, Erode.

2.The Superintending Engineer, Tamil Nadu Electricity Board, Surampatti, Erode-638 011 ... Respondents Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus forbearing the respondents from erecting HT Electric lines through the petitioner's land in Survey Nos.90 and 92 situated at Singanallur Village, Perundurai Taluk, Erode District.

For petitioner : Mr.C.Munusamy For Respondents : Mr.R.Vijayakumar, A.G.P.for R1 Mr.S.K.Rameshwar for R2

ORDER

By consent, the writ petition itself is taken up for final disposal.

2. The petitioner claims that he is owning agricultural land ad-measuring to an extent of 5 acres in S.Nos.90 and 92. In the said land apart from the raising crops, three hundred standing coconut trees are available and the grievance expressed by the petitioner is that though the Tamil Nadu Electricity Board has originally accorded sanction to erect power transmission line 450 feet away from his land, the second respondent is now trying to erect High Tension Electric lines in his land, by changing the original path without any authority of law. In such an event, the https://hcservices.ecourts.gov.in/hcservices/

standing trees in the petitioner's land are likely to be cut and removed and in this regard, the petitioner has submitted a representation dated 18.7.2015 to the first respondent and since he has not been favoured with any response, he came forward to file this writ petition.

3. Heard the submissions of Mr.C.Munusamy, learned counsel for the petitioner and Mr.B.Vijayakumar, the learned Additional Government Pleader, who accepts notice on behalf of the first respondent and Mr.S.K.Rameshwar, who accepts notice on behalf of the second respondent.

4.Though the petitioner prays for a larger relief, this Court, in the facts and circumstances, without entering into the merits of the case, directs the first respondent to consider and dispose of the petitioner's representation dated 18.7.2015, within a period of two weeks from the date of receipt of a copy of this order. Till such time, the second respondent shall maintain status-quo as exists today.

5. The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar msk To 1.The District Collector cum District Magistrate, Erode District, Erode.

2.The Superintending Engineer, Tamil Nadu Electricity Board, Surampatti, Erode-638 011 +1 cc to Mr.C.Munusamy Advocate sr.38977 +1 cc to Government Pleader sr.39309 W.P.No.22950 of 2015 aa31/07/2015 https://hcservices.ecourts.gov.in/hcservices/