G.Sankaran v. Power Grid Corporation Of India

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD G.SANKARAN .. Appellant Vs

1. POWER GRID CORPORATION OF INDIA Through its Deputy General Manager, No.1, Pachayappa Nagar, Tvm Thiruvannainallur Road, Ulundurpet, Villupuram, Tamilnadu - 606107.

2. THE DISTRICT COLLECTOR District Collector Office, Villupuram - 605602.

3. THE SPECIAL TAHSILDAR (LA, NH-45A) District Collector Office, Villupuram - 605602.

4. NATIONAL HIGHWAYS AUTHORITY OF INDIA No.26, 1st Floor, VGP Nagar West, Vazhudhareddy Post, Villupuram.

5. THE SUPERINTENDENT OF POLICE Villupuram Police Station, Villupuram.

.. Respondents

Prayer: Appeal under Clause 15 of the Letters Patent against the order dated 8.3.2024 passed in W.P.No.1002 of 2024 by the learned Single Judge.

For the Appellant : Mr.M.Aravind Subramaniam Senior Counsel for Ms.K.Dheepakshi For the Respondents : Mr.Jayesh B.Dolia Senior Counsel for M/s.Aiyar and Dolia for 1st respondent : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for respondents 2 and 3

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.M.Aravind Subramaniam, learned Senior Counsel appearing on behalf of Ms.K.Dheepakshi, learned counsel for the appellant; Mr.Jayesh B.Dolia, learned Senior Counsel appearing on behalf of M/s.Aiyar and Dolia for the first respondent; and Mr.A.Edwin Prabakar, learned State Government Pleader, assisted

by Mr.T.K.Saravanan, learned Government Advocate, for respondents 2 and 3.

2. The appellant has filed the writ petition seeking directions against the second respondent to conduct a fresh enquiry on the proposed alignment of transmission lines situated on the subject writ property.

3. The learned Single Judge observed that the appellant may approach the proper authority, so that his representation be disposed expeditiously.

4. If the District Collector has the authority under Section 16 of the Indian Telegraph Act, 1885, the appellant may file necessary application under the said provision and/or the appellant may also approach the National Highways Authority. The said liberty is already granted by the learned Single Judge under the impugned order.

5. Learned Senior Counsel for the first respondent submits that the erection work of the transmission lines is already complete.

6. If the appellant is aggrieved with regard to non-payment of compensation or otherwise, the appellant has a remedy under the Indian Telegraph Act before the District Judge concerned. The writ appeal is disposed of accordingly. There shall be no order as to costs. Consequently, C.M.P.No.9272 of 2024 is closed. (S.V.G., CJ.) (J.S.N.P., J.) 24.04.2024 Index :

Yes/No Yes/No sasi

To:

1. The Deputy General Manager, POWER GRID CORPORATION OF INDIA No.1, Pachayappa Nagar, Tvm Thiruvannainallur Road, Ulundurpet, Villupuram, Tamilnadu - 606107.

2. THE DISTRICT COLLECTOR District Collector Office, Villupuram - 605602.

3. THE SPECIAL TAHSILDAR (LA, NH-45A) District Collector Office, Villupuram - 605602.

4. NATIONAL HIGHWAYS AUTHORITY OF INDIA No.26, 1st Floor, VGP Nagar West, Vazhudhareddy Post, Villupuram.

5. THE SUPERINTENDENT OF POLICE Villupuram Police Station, Villupuram.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.

(sasi) 24.04.2024