V.Rajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.06.2019

CORAM:

THE HONOURABLE MR.JUSTICE DR.G.JAYACHANDRAN WRIT PETITION NO.16771 OF 2019 AND W.M.P.NO.16379 OF 2019 V.Rajan ... Petitioner Vs

1. The District Collector, Office of the District Collector, Coimbatore,

2. The Tashildar, Office of Tashildar, Kinathukadavu Taluk, Kinathukadavu, Coimbatore District.

3. The Senior Engineer, Power Grid, Madathukulam, Madathukulam Taluk, Tiruppur District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ or any other appropriate order or Direction in the nature of Writ of Mandamus forbearing the respondents from putting up any tower or line so as to carry out power grid line through petitioner's land in S.F.Nos.147-2A, 2B, 2C, 2D-1 in Patta Nos.157 and 233 of Katampatti Revenue Village of Kinathukadavu Taluk of Coimbatore District by considering the representation of petitioner dated 14.01.2019. For petitioner : Mr.Ponraj.N For R1 and R2 : Mr.N.Inbanathan Additional Government Pleader For R3 : Mr.R.Thiyagarajan Senior Counsel for M/s Iyar and Dolia

O R D E R

Heard the learned counsel for the petitioner and the learned counsel for the respondents.

The petitioner herein claiming to the owner of the patta land in S.F.Nos.147-2A, 2B, 2C, 2D-1 at Katampatti Revenue https://hcservices.ecourts.gov.in/hcservices/

Village of Kinathukadave Taluk of Coimbatore District, contends that he has certain objections for laying Power Transmission line over his land by the third respondent. Therefore, he has given objection to the first respondent District Collector on 14.01.2019, which has not been considered by the first respondent so far.

Section 16(1) of the Indian Telegraphic Act 1885, contemplate procedure calling for objection and disposing the same by the District Collector. Whenever, the authorities resort to laying cable under the Indian Telegraphic Act, since it is contended by the petitioner that his representation to the first respondent dated 14.01.2019 is pending, direction is given to the first respondent to consider the said representation and pass appropriate order within a period of three weeks from the date of receipt of copy of this order.

With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar sbn/rpl To

1. The District Collector, Office of the District Collector, Coimbatore,

2. The Tashildar, Office of Tashildar, Kinathukadavu Taluk, Kinathukadavu, Coimbatore District.

+1cc to Mr.N.Ponraj, Advocate, S.R.No.50864 +1cc to M/s.Iyar and Dolia, Advocate, S.R.No.52819 +1cc to the Government Pleader, S.R.No.51680 Writ Petition No.16771 of 2019 and W.M.P.No.16379 of 2019 RSK(CO) CS/30/07/2019 https://hcservices.ecourts.gov.in/hcservices/